Status reports from the government regarding the resumption of litigation have poured in to the Court of International Trade following the reopening of the federal government. Many cases were stayed by the trade court pending the lapse in federal appropriations, given that many DOJ attorneys weren't being paid and were barred from working during the shutdown.
The Commerce Department universally tolled all "Enforcement and Compliance deadlines" for 47 days, the effective length of the federal government shutdown, save for submissions due during the shutdown and requests for administrative reviews of suspension agreements and antidumping and countervailing duty orders.
The following lawsuits were filed recently at the Court of International Trade:
The 10th U.S. Circuit Court of Appeals grilled parties on what it means to be a content-based restriction when it comes to social media during a hearing Thursday in NetChoice v. Brown. The case centers on the constitutionality of SB-194, which requires social media companies to implement an age-assurance system to determine whether account users in Utah are minors (see 2505270050).
AD/CVD petitioner Magnesia Carbon Bricks Fair Trade Committee asked the U.S. Court of Appeals for the Federal Circuit to speed up its appeal on the Commerce Department's decision to exclude seven types of bricks imported by Fedmet Resources Corp. from the scope of the antidumping duty and countervailing duty orders on magnesia carbon bricks from China. The petitioner said the relief it's seeking is "modest," and that a sped-up briefing schedule is needed to "prevent competitive harms" to the "domestic refractory-brick industry" that should be subject to "significant AD/CVD duties" (Fedmet Resources v. United States, Fed. Cir. # 26-1160).
The Commerce Department universally tolled all "Enforcement and Compliance deadlines" for 47 days, the effective length of the federal government shutdown, save for submissions due during the shutdown and requests for administrative reviews of suspension agreements and antidumping and countervailing duty orders.
The following lawsuits were filed at the Court of International Trade during the week of Nov. 10-16:
The following lawsuits were filed recently 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 U.S. Court of Appeals for the Federal Circuit on Nov. 19 dismissed Nebraska man Byungmin Chae's second case challenging the results of his April 2018 customs broker license exam. Chae previously litigated the results of the exam in an earlier case before the Court of International Trade and CAFC, ultimately coming just one correctly answered question shy of a passing grade. After the Supreme Court declined to take up his first case, Chae filed another lawsuit to challenge one question on the test. The Federal Circuit dismissed the second lawsuit, finding that Chae should have brought any additional claims against the question in his first case.