The following lawsuits were filed at the Court of International Trade during the week of June 20-26:
Court of International Trade
The United States Court of International Trade is a federal court which has national jurisdiction over civil actions regarding the customs and international trade laws of the United States. The Court was established under Article III of the Constitution by the Customs Courts Act of 1980. The Court consists of nine judges appointed by the President and confirmed by the Senate and is located in New York City. The Court has jurisdiction throughout the United States and has exclusive jurisdictional authority to decide civil action pertaining to international trade against the United States or entities representing the United States.
The Court of International Trade on June 20 dismissed parts of a government penalty case against an importer (here), finding the government can’t seek penalties for negligence and gross negligence because CBP’s pre-penalty and penalty notices alleged only fraud. Although the government asked that the court allow it to amend its 2010 penalty notices to reflect the charges of negligence and gross negligence, CIT denied the government’s request as improper in a government-initiated penalty case.
The following lawsuits were filed at the Court of International Trade during the week of June 13-19:
The following lawsuits were filed at the Court of International Trade during the week of June 6-12:
International Trade Today is providing readers with some of the top stories for June 6-10 in case they were missed.
Antidumping and countervailing duties recently imposed on solar products from China may violate important limits on how widely AD/CV duties can be applied to third-country products, the Court of International Trade said in a decision issued June 8 (here). In its 2015 AD/CVD orders, Commerce applied rules of origin that appear to contradict previously imposed duties on Chinese solar cells, and may have unreasonably applied duties to solar products “from China” that in reality derive most of their value from other countries, the court said.
The following lawsuits were filed at the Court of International Trade during the week of May 30 - June 5:
The Supreme Court on June 6 declined to hear a challenge to the constitutionality of the requirement that importers pay duties before filing suit at the Court of International Trade, denying a petition filed by International Custom Products without further explanation (here). The U.S. Court of Appeals for the Federal Circuit ruled in June last year that the duty payment for court challenges of denied customs protest does not violate International Custom Products’ right to due process (see 1506300073). The now-bankrupt importer would have had to pay $28 million to have its case heard at CIT on the classification of white sauce. International Custom Products argued a CBP notice of action improperly revoked a ruling letter without the required notice and opportunity to comment (see 12121239).
The Senate confirmed two judicial nominees -- Jennifer Groves and Gary Katzmann -- to the Court of International Trade, by voice vote on June 6. The nomination of Elizabeth Drake, which was submitted to the Senate Judiciary Committee at the same time as the other two, did not come to the Senate floor for consideration. Senate Majority Leader Mitch McConnell didn't comment. President Barack Obama submitted the three nominations on July 30. The committee advanced the nominations to the Senate floor on April 7 (see 1604070016).
The following lawsuits were filed at the Court of International Trade during the week of May 23-29: