The Court of International Trade “will remain open to business” for the time being, despite the ongoing partial federal government shutdown, it said in a notice on its website on Jan. 8. CIT “will be staffed to provide all normal judicial business functions until further notice from the court,” it said. “All filing deadlines will remain in effect and [the Case Management/Electronic Case Files system] CM/ECF will remain operational for filing of all documents.”
The following lawsuits were filed at the Court of International Trade during the week of Dec. 31 - Jan. 6:
The following lawsuits were filed at the Court of International Trade during the week of Dec. 24-30:
Further litigation over the final drawback rules under the Trade Facilitation and Trade Enforcement Act is widely expected, with the most likely target being the provisions on drawback for excise taxes, according to multiple lawyers watching the issue closely. One lawyer mentioned ongoing discussions with tobacco firms to file a lawsuit over the excise tax issue, while the wine industry, which could see an end to more than $50 million in annual refunds, would be another likely litigant. The so-called "double drawback" for excise taxes is the most obvious piece to be challenged, but there are some other issues that could face legal scrutiny.
The Office of the U.S Trade Representative issued its first list of product exclusions from the 25 percent Trade Act Section 301 tariffs on Chinese imports, granting full or partial exemptions for nearly two dozen 10-digit Harmonized Tariff Schedule subheadings, said a notice posted Friday at the agency’s website. The exclusions apply retroactively to July 6, the date the first tranche of tariffs took effect, and will remain in effect until one year after the USTR’s notice is published in the Federal Register.
The Office of the U.S Trade Representative issued its first list of product exclusions from the 25 percent Trade Act Section 301 tariffs on Chinese imports, granting full or partial exemptions for nearly two dozen 10-digit Harmonized Tariff Schedule subheadings, said a notice posted Friday at the agency’s website. The exclusions apply retroactively to July 6, the date the first tranche of tariffs took effect, and will remain in effect until one year after the USTR’s notice is published in the Federal Register.
The following lawsuits were filed at the Court of International Trade during the week of Dec. 17-23:
The Court of International Trade held oral arguments Dec. 19 in a case filed by steel importers alleging that Section 232 tariffs are unconstitutional (see 1806270036). The American Iron and Steel Institute, which filed an amicus brief in the lawsuit, put out a statement Dec. 19 that said: "We continue to strongly believe this case is without merit and the effort by importers of foreign steel to undermine the Section 232 relief through this case is bound to fail. Congress acted within its constitutional authority when it authorized the president to take action to adjust imports, when the Secretary of Commerce has determined that such imports threaten to impair the national security."
The following lawsuits were filed at the Court of International Trade during the week of Dec. 10-16:
Chief Justice John Roberts and Justice Brett Kavanaugh likely will participate if the Supreme Court is asked to review the FCC net neutrality rollback, said court watchers, noting justices have wide leeway on recusals. They recused themselves without explanation from a November decision not to consider the prior commission's 2015 Communications Act Title II net neutrality order (see 1811050008). Their apparent reasons -- possible conflicts over Roberts' shares and Kavanaugh's lower court participation -- aren't expected to be repeated if the current Republican-run FCC's Title I order comes before them.