State marijuana legalization laws do not create an exemption to the federal ban on importation of drug paraphernalia, the Department of Justice said in a Jan. 31 filing at the Court of International Trade. Arguing against an importer's motion for judgment in the case, as well as its own cross-motion for judgment in November (see 2111100047), DOJ says an exemption from the federal ban at 21 USC 863 for any "person authorized by local, state, or federal law to manufacture, possess, or distribute such item" is not triggered by state laws that legalize marijuana across the board (Eteros Technologies USA v. United States, CIT #21-00287).
The Court of International Trade should throw out Wheatland Tube's case intended to compel CBP to respond to the company's requests for information and a tariff classification ruling because Wheatland has received all the relief to which it is legally entitled, the Department of Justice said in a Feb. 2 motion to dismiss the case. CBP has already responded to this RFI and the petition for a tariff classification ruling over the company's electrical conduits from Mexico, DOJ said. CBP also told Wheatland it agrees with the company's stance on the correct classification of its steel conduit pipe and was defending this position in separate litigation (Wheatland Tube Co. v. United States, CIT #22-00004).
OtterBox filed a complaint with the Court of International Trade on Feb. 1, seeking to reclaim interest on tariffs it paid as part of prior disclosures on entries that have since been reclassified in its favor. Ottberbox argues that CBP has incorrectly withheld interest when returning overpayments after CIT ruled in OtterBox's favor in a tariff classification case on cellphone cases. The complaint accuses CBP of stalling in its obligation to “refund all duties overpaid, plus interest, as provided by law.”
The Commerce Department must either conduct verification in an antidumping case, even if virtually, or more fully explain why it didn't conduct virtual verification in the face of a request to do so, the Court of International Trade said in a Feb. 2 decision. Judge Stephen Vaden expressed doubts over whether Commerce could complete the latter option, given that the agency failed to respond to the request for virtual verification. Commerce said no verification was conducted due to COVID-19-related restrictions. Vaden lambasted Commerce over this rationale given high-level U.S. officials' trips to India, the location of the would-be verification.
The following lawsuits were recently filed at the Court of International Trade:
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade heard oral argument on Feb. 1 over whether lists 3 and 4A of Section 301 tariffs were properly imposed, marking one of the largest cases in the CIT's history. The hourslong affair saw the judges push back on arguments made by both the Department of Justice and the plaintiffs, with significant attention paid to the procedural elements of the president's decision to impose the retaliatory Section 301 tariffs on billions of dollars worth of Chinese goods. In all, the three-judge panel of Mark Barnett, Claire Kelly and Jennifer Choe-Groves heard from the Department of Justice, counsel for the test case plaintiffs HMTX Industries and Jasco Products, and amici.
The 1974 Trade Act and the 1946 Administrative Procedure Act (APA) “impose obligations of opportunities to comment by stakeholders and reasoned decision-making” by the federal agencies involved, said attorney Joseph Palmore of Morrison & Foerster on behalf of amici CTA, the National Retail Federation and five other trade associations in Section 301 oral argument Tuesday before the U.S. Court of International Trade. The Office of the U.S. Trade Representative “complied with neither” statute in the Lists 3 and 4A tariff rulemakings, Palmore told the court's three-judge panel.
The Court of International Trade heard oral argument on Feb. 1 over whether lists 3 and 4A of Section 301 tariffs were properly imposed, marking one of the largest cases in the CIT's history. The hourslong affair saw the judges push back on arguments made by both the Department of Justice and the plaintiffs, with significant attention paid to the procedural elements of the president's decision to impose the retaliatory Section 301 tariffs on billions of dollars worth of Chinese goods. In all, the three-judge panel of Mark Barnett, Claire Kelly and Jennifer Choe-Groves heard from the Department of Justice, counsel for the test case plaintiffs HMTX Industries and Jasco Products, and amici.
OCP North America, the U.S. subsidiary of a Moroccan fertilizer exporter, penned a letter to U.S. farmers urging their support of the company's court case against the countervailing duty order on phosphate fertilizer from Morocco. The letter, sent through public relations firm Cogent Strategies, linked to a website also established by Cogent to serve as a platform for farmers to express their dissatisfaction with the order. The case the letter references is at the Court of International Trade and is challenging the International Trade Commission's injury determination that led to the imposition of the CVD order.