The odds are seemingly long on DOJ's appeal of a U.S. District Court decision allowing AT&T's buy of Time Warner, with antitrust experts telling us the agency's arguments -- laid out in its appellant brief this week -- face a high burden of proof and typical appellate court deference to lower courts on their reads of the facts. Since it's the trial court that sees witnesses and can best establish their validity, DOJ's challenging of what it considers faulty findings "is a really uphill battle," said Daniel Lyons, Boston College associate law professor.
The following lawsuits were filed at the Court of International Trade during the week of July 30 - Aug. 5:
The U.S. Court of Appeals for the Federal Circuit on Aug. 6 affirmed a lower court ruling on the classification of battery-powered candles in heading 9405 as lamps and lighting fittings. CAFC largely agreed with the Court of International Trade's finding in a Gerson Company challenge to CBP's classification of the candles after liquidation in heading 9405 with a 3.9 percent duty rate during 2009 and 2010 (see 1708030011). Gerson appealed CIT's ruling over what the company said were errors in the court's analysis.
The following lawsuits were filed at the Court of International Trade during the week of July 23-29:
High-end home and car audio supplier AudioControl opposes Trade Act Section 301 tariffs on electronics components and materials imported from China “and used in our US manufacturing of our products” because it will “cause the adverse effect of what is intended” in trying to thwart allegedly unfair Chinese trade practices, said CEO Alex Camara in comments posted Friday in docket USTR-2018-0026.
The government of Canada recently issued the following trade-related notices as of July 27 (some may also be given separate headlines):
Roanoke Trade has seen a recent increase in the number of CBP notices mandating increased customs bond amounts, Patrice Lafayette, assistant vice president-client services at Roanoke, said during a July 25 webinar. "On average we normally see anywhere from 30 to 60 mandated increases issued on a monthly basis, but I can tell you that since the new tariffs have come out, this number practically tripled ... in June," she said. CBP has been expected to start taking a more aggressive stance on bond sufficiency as new tariffs take effect (see 1807020017).
CIT Grants Preliminary Injunction Prohibiting Imports of Mexican Fish Caught Near Endangered Species
Imports of all fish products from Mexican fisheries that use gillnets close to a nearly extinct species of porpoise will be banned while a legal proceeding on the ban proceeds, Court of International Trade Judge Gary Katzmann said in a July 26 ruling. The ruling granted a preliminary injunction meant to prevent further threats to vaquita porpoises, of which fewer than 30 remain, "pending final adjudication of the merits," it said. While legal arguments remain undecided, "what cannot be disputed is that the vaquita’s plight is desperate, and that even one more bycatch death in the gillnets of fisheries in its range threatens the very existence of the species," CIT said.
CTA wants the Office of the U.S. Trade Representative to remove 54 tariff lines from the list of imports from China targeted for a second tranche of 25 percent Trade Act Section 301 duties, said Sage Chandler, vice president-international trade, in comments filed Monday in docket USTR-2018-0018. Chandler’s testimony Tuesday at the USTR’s public hearing on the proposed tariffs (see 1807230032) reflects “what is in the comments,” that CTA worries tariffs will bring “disproportionate” harm to U.S. consumers and businesses without thwarting allegedly unfair Chinese trade practices, emailed CTA spokeswoman Izzy Santa.
The following lawsuits were filed at the Court of International Trade during the week of July 16-22: