The following lawsuits were recently filed at the Court of International Trade:
Liquified natural gas export project Magnolia LNG withdrew from a lawsuit filed by the Sierra Club challenging the Department of Energy's Office of Fossil Energy and Carbon Management approval of Magnolia LNG's and Golden Pass LNG Terminal's applications to increase their authorized LNG export volumes. Submitting its motion on Dec. 1 to the U.S. Court of Appeals for the D.C. Circuit, Magnolia said it wanted to withdraw as a respondent-intervenor "because it has determined to move forward with a new application to Energy for authorization to export LNG to non-free trade nations" (Sierra Club v. U.S. Department of Energy, D.C. Cir. # 22-1217).
The Court of International Trade doesn't have jurisdiction to hear importer Southern Cross Seafoods' challenge to the National Marine Fisheries Service's rejection of its application for preapproval to import Chilean sea bass, the court ruled Dec. 7. Judge Timothy Reif said that the agency's decision, issued under the Antarctic Marine Living Resources Convention Act of 1984 (AMLRCA), doesn't constitute an "embargo or other quantitative restriction," barring jurisdiction under Section 1581(i), the court's "residual" jurisdiction.
The following lawsuit was recently filed at the Court of International Trade:
Canadian softwood lumber exporters argued Monday that they should be able to intervene in a growing case regarding the Commerce Department’s 2021 administrative review of the antidumping duties on their products (Government of Canada v. U.S., CIT # 23-00187).
Trade Law Daily is providing readers with the top stories from last week in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
Chinese exporter Ninestar Corp. moved at the Court of International Trade to unseal and unredact the administrative record in its case against the Forced Labor Enforcement Task Force's (FLETF) decision to add the company to the Uyghur Forced Labor Prevention Act Entity List. Ninestar said that while the trade court's recent order mandating disclosure to Ninestar's counsel of the government's evidentiary record marked some progress, the company's counsel said they remain "hobbled" since they can't share these materials with their client (Ninestar Corp. v. United States, CIT # 23-00182).
The Court of International Trade ruled Dec. 4 that a medical food company's imports would be classified as food, not as pharmaceutical products.
NAB has produced a working draft of best practices for broadcasters making text crawls and other visual information accessible in emergencies, the trade group said in a quarterly status report submitted to the FCC Media Bureau Friday in docket 12-107. Broadcast industry professionals are reviewing the draft, as will accessibility advocates, said NAB. The association “remains confident that, in most cases, emergency information conveyed by visual images is accessible because stations run accompanying text crawls that provide the same information, if not more, and can be converted to speech,” the filing said.
The following lawsuits were filed at the Court of International Trade during the week of Nov. 27 - Dec. 3: