It's legal for importer Keirton USA to enter marijuana-related drug paraphernalia into Washington state, the Court of International Trade ruled in an Oct. 20 opinion. Building on the trade court's similar Eteros decision, Judge Claire Kelly said Washington's repeal of past restrictions on marijuana-related drug paraphernalia constitutes an authorization of the manufacture, possession and distribution of these goods, so that importing these goods qualifies for the exemption under the Federal Mail Order Drug Paraphernalia Control Act of 1986. Kelly, like Judge Gary Katzmann in the Eteros decision, relied on the Supreme Court case Murphy v. NCAA to construe the definition of "authorization."
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 following lawsuits were filed at the Court of International Trade during the weeks of Oct. 3-9 and Oct. 10-16:
The Court of International Trade in an Oct. 4 opinion ruled that CBP properly classified net wraps used for bailing hay as a warp knit fabric under Harmonized Tariff Schedule subheading 6005.39.00. Judge Mark Barnett ruled against classification under plaintiff RKW Klerks' preferred subheading 8433.90.50 as "parts" of "harvesting or threshing machinery."
The following lawsuits were filed at the Court of International Trade during the week of Sept. 26 - Oct. 2:
The following lawsuits were filed at the Court of International Trade during the week of Sept. 19-25:
The Court of International Trade ruled Sept. 21 that importer Eteros Technologies USA is legally allowed to import goods federally deemed "drug paraphernalia" because Washington state legalized the delivery, possession and manufacture of marijuana-related drug paraphernalia. Judge Gary Katzmann found Eteros is authorized to import motor frame assemblies used to create marijuana harvesting units under the federal exemption section of the Controlled Substances Act. As such, the U.S. cannot legally seize or forfeit Eteros' imports, Katzmann said.
The U.S. cannot seize or forfeit imports that are federally deemed "drug paraphernalia" but whose delivery, possession and manufacture were made legal at the state level, the Court of International Trade ruled Sept. 21. Judge Gary Katzmann found Washington state's move to make the marijuana-related drug paraphernalia legal allows interested parties to import the paraphernalia under the federal exemption laid out in the Controlled Substances Act.
The following lawsuits were filed at the Court of International Trade during the week of Sept. 12-18:
The Court of International Trade in its April 1 remand order gave the Office of the U.S. Trade Representative “one final opportunity” to cure its Administrative Procedure Act violations and "flesh out" the reasons why it rejected the 9,000+ comments it received in the lists 3 and 4A Section 301 tariff rulemakings, without devising “new rationales for dismissing them,” Akin Gump lawyers for lead Section 301 plaintiffs HMTX Industries and Jasco Products said in comments on USTR’s Aug. 1 remand determination. “USTR’s response to that directive flunks the Court’s test,” they said (In Re Section 301 Cases, CIT #21-00052).
The Court of International Trade “bent over backwards” to allow the Office of the U.S. Trade Representative to comply with its Administrative Procedure Act obligations in its imposition of the lists 3 and 4A Section 301 tariffs on Chinese goods when it remanded the duties to the agency for further explanation on the rationale for the actions it took in the context of the comments it received, said an amicus brief filed Sept. 14 in the massive Section 301 litigation from the Retail Litigation Center, CTA, the National Retail Federation and four other trade associations. With USTR’s “non-responsive” answer to the remand order, the time has come for the court “to impose the normal remedy for unlawful agency action” and to vacate the lists 3 and 4A tariffs, it said (In Re Section 301 Cases, CIT #21-00052).