Although a court opinion last week cleared the way for exports of 3D-printed guns to be removed from State Department jurisdiction, the guns will continue to be covered under the agency’s U.S. Munitions List until the ruling is made official, the State Department said.
Court of International Trade activity
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Following the Chinese government's decision to place retaliatory sanctions on Canadian and British officials and entities for their criticism of the alleged human rights abuses in the country's Xinjiang region, lawyers in both countries are expressing concern over the rising tensions between the two sides and noticing greater business concern over maintaining Chinese market access. Neil Williams and Thomas Cattee, white collar crime lawyers at Gherson Solicitors in the United Kingdom, said the Chinese sanctions are merely symbolic without any real underlying economic effect but that sanctioned individuals in the U.K. have deferred to Chinese demands.
Judge Mark Barnett has taken over as the chief judge of the U.S. Court of International Trade, following Judge Timothy Stanceu's assumption of senior status April 5 (see 2103160061), according to the court's website. Barnett joined the court in 2013 as a President Barack Obama appointee. He previously practiced in the international trade group at Steptoe & Johnson and served in the Office of Chief Counsel for Import Administration at the Commerce Department. He was the longest tenured judge at CIT at the time of Stanceu's move to senior status.
Three Sheppard Mullin lawyers, across two continents, say the outcome of the new aggressive stance against China's rising technological manufacturing sector is yet to be seen, but that they don't expect the Biden administration to back away from the most significant export control actions taken under President Donald Trump.
The European Union notified the United Kingdom about its breaching of provisions of the Protocol on Ireland and Northern Ireland in the withdrawal agreement signed following Britain's departure from the EU. The March 15 letter of formal notice said the U.K. has violated the terms of the Ireland and Northern Ireland provisions regarding the movement of goods and pet travel, the European Commission said in a March 16 news release. The EU gave the U.K. a month to respond to the notice. The EU is challenging the U.K.'s extension of the Brexit grace period on food imports to Northern Ireland. EC Vice President Maros Sefcovic sent a separate letter to David Frost, U.K. co-chair of the Joint Committee, calling on the U.K. to end the Brexit grace period and imploring “good faith” consultations with the Joint Committee.
The maritime shipping industry is struggling to find a short-term solution to the unprecedented congestion occurring at U.S. ports, which continues to impose large costs on traders and further clog the global supply chain, industry representatives said. Although work is being done by the Federal Maritime Commission and Congress to provide relief, they said many of those efforts will do little to ease port issues in the near future.
The White House announced its withdrawals of some nominations left over from the Trump administration. Those include the Jan. 3 nomination of Joseph Barloon, former general counsel at the Office of the U.S. Trade Representative, for a judge's seat on the Court of International Trade. He was first nominated in October 2020, then renominated because all nominations in front of the Senate expired with the seating of the new Congress in January. Also withdrawn was the Jan. 6 nomination of William Kimmitt, a former counselor to the USTR, to fill a vacancy on the International Trade Commission. He was first nominated in December 2020.
The International Court of Justice threw out U.S. objections to Iran's case against the U.S.'s extensive sanctions regime that say this case is outside the court's scope. In a Feb. 3 decision, the ICJ rejected the U.S. notions that the court didn't have jurisdiction over matters of trade or transactions between Iran and third countries and of the underlying treaty in which Iran staked its claim. Iran claims that the 2018 U.S. decision to reimpose sanctions violates the 1955 Treaty of Amity, Economic Relations and Consular Rights. It brought its case to the ICJ following President Donald Trump's decision to withdraw from the Joint Comprehensive Plan of Action and reimpose sanctions. The ICJ decision cannot be appealed and will lead to the court hearing Iran's main claim on the merits next.
The European Union wants to work more closely with the U.S. on sanctions and technology issues and is hoping to establish an international trade and technology council to regulate emerging technologies, EU Trade Commissioner Valdis Dombrovskis said. Speaking during a Feb. 1 event hosted by the German Marshall Fund, Dombrovskis also called for more EU-U.S. unity on a range of other topics, including reform at the World Trade Organization and measures to counter illegal Chinese trade practices. “This is precisely why we need to put our current trade disputes behind us,” Dombrovskis said, referencing the Boeing/Airbus dispute and U.S. Section 232 tariffs on European steel and aluminum (see 2101270049).