The following lawsuits were recently filed at the Court of International Trade:
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.
The Court of International Trade in a June 17 opinion denied exporter Shanghai Tainai Bearing's and importer C&U Americas' bid for an injunction against cash deposits at the antidumping duty rate decided in the 2019-20 review of the AD order on tapered roller bearings from China. Judge Stephen Vaden said that the plaintiffs failed to establish a likelihood to succeed on the merits or suffer irreparable harm and that the balance of equities and public interest favored the U.S. government.
New Hampshire-based company Intertech Trading Corp. violated the law when it failed to file export information for equipment it sent to Russia and Ukraine, the U.S. alleged in a filing at the U.S. District Court for the District of New Hampshire.The parts, which included laser assemblies, were "falsely described" as aquarium and multimedia parts and valued at lower amounts than their actual worth, DOJ said.
CBP reasonably denied customs broker test taker Shuzhen Zhong credit for two questions on the customs broker license exam, the U.S. argued in a June 17 reply brief at the Court of International Trade. In the brief, DOJ discussed the two questions at issue, defending CBP's rulings on the classification of glazed ceramic mosaic cubes and how to obtain relief from CBP's detention of a shipment of 1,000 handbags bearing a mark that copies but is not identical to a registered and recorded mark (Shuzhen Zhong v. United States, CIT #22-00041).
The following lawsuits were filed at the Court of International Trade during the week of June 13-19:
New Hampshire-based company Intertech Trading Corp. violated the law when it failed to file export information for equipment it sent to Russia and Ukraine, the U.S. alleged in a filing at the U.S. District Court for the District of New Hampshire.The parts, which included laser assemblies, were "falsely described" as aquarium and multimedia parts and valued at lower amounts than their actual worth, DOJ said.
With less than two weeks to spare before the June 30 deadline for the Office of the U.S. Trade Representative to file its remand results in the Section 301 litigation, the agency needs a 60-day extension to Aug. 29 due to the volume of work involved, the agency’s limited staff resources and other projects that are compounding its workload, said DOJ’s motion Friday in docket 1:21-cv-52 at the U.S. Court of International Trade. Akin Gump lawyers for test-case plaintiffs HMTX Industries and Jasco Products oppose the motion and will soon file a response, said DOJ. Matthew Nicely, Akin Gump’s lead attorney, declined comment Friday.
With less than two weeks to spare before the June 30 deadline for the Office of the U.S. Trade Representative to file its remand results in the Section 301 litigation, the agency needs a 60-day extension to Aug. 29 due to the volume of work involved, the agency’s limited staff resources and other projects that are compounding its workload, DOJ said June 17 at the Court of International Trade. Akin Gump lawyers for test-case plaintiffs HMTX Industries and Jasco Products oppose the motion and soon will file a response, DOJ said. Matthew Nicely, Akin Gump’s lead attorney, declined to comment June 17.
The FCC got a mixed response to a Competitive Carriers Association petition seeking FCC clarification that broadband data collection (BDC) filings can be certified by a qualified engineer who isn't a licensed professional engineer (PE) accredited by a state licensure board (see 2205170073). Replies were posted Thursday in docket 19-195. Many commenters support CCA but “they fail to show that a declaratory ruling is warranted or provide support for the argument that the public interest is served by relaxing the certification requirement,” the Rural Wireless Association said. CCA asked the FCC “to adopt a brand new definition” and “such a request must be made via a petition for rulemaking, which is subject to its own requirements and governed by the Administrative Procedure Act,” RWA said. Leave the requirement in place, said the Nebraska National Society of Professional Engineers. Similar government programs have similar requirements, the group said: “This is done to ensure that … projects are constructed in a manner that meets all local, state, federal and in some cases international, regulations and requirements. It also ensures that the networks are designed in such a way as to meet the speed and data rate performance requirements that the service provide[r]s are advertising.” NCTA supported CCA. NCTA said it “appreciates the need to ensure the accuracy of the mapping data submitted to the Commission [but] the individual most familiar with the preparation and development of that data and thus in the best position to certify to its accuracy may not have the requisite professional designation.” Most groups representing providers support CCA, the Wireless ISP Association said. Opponents “ignore the realities of the marketplace and conflate the requirements of building infrastructure with the more routine task of certifying network coverage based on parameters established by the Commission,” WISPA said. The current PE shortage “will result in many providers being unable to get the required engineering certification, and, consequently, being unable to make their BDC filings timely, if at all; or, incurring unduly burdensome costs to enlist a PE,” ACA Connects said. “The response to CCA’s petition by trade associations, broadband service providers, and individual commenters reflects widespread support for the Commission’s policy objectives, and a shared commitment to accurate and granular data collection as a crucial component of broadband deployment,” CCA said.