The Forced Labor Enforcement Task Force failed to undertake a transparent process in considering exporter Ninestar's application for delisting from the Uyghur Forced Labor Prevention Act Entity List, Ninestar told the Court of International Trade on June 26. Ninestar said FLETF's process was neither "fair, transparent," nor "productive," and led the task force to ignore its obligations and the company's rights under the Administrative Procedure Act (Ninestar Corp. v. United States, CIT # 23-00182).
The U.S. filed its opening brief on June 27 in the appeal on the legality of the tariffs imposed under the International Emergency Economic Powers Act before the U.S. Court of Appeals for the D.C. Circuit, arguing that the district court got the jurisdiction and merits questions wrong. The government said the U.S. District Court for the District of Columbia took a "nonsensical" view of the Court of International Trade's jurisdiction and that, contrary to the court's ruling, IEEPA does confer tariff-setting authority (Learning Resources v. Donald J. Trump, D.C. Cir. # 25-5202).
The Forced Labor Enforcement Task Force failed to undertake a transparent process in considering exporter Ninestar's application for delisting from the Uyghur Forced Labor Prevention Act Entity List, Ninestar told the Court of International Trade on June 26. Ninestar said FLETF's process was neither "fair, transparent," nor "productive," and led the task force to ignore its obligations and the company's rights under the Administrative Procedure Act (Ninestar Corp. v. United States, CIT # 23-00182).
The following lawsuits were filed recently at the Court of International Trade:
Defending against a motion to dismiss its Section 1581(i) case challenging the Commerce Department’s refusal to open a changed circumstances review, wood mouldings and millwork importer Houston Shutters said that precedent actually supports its case (Houston Shutters v. United States, CIT # 24-00193).
The Supreme Court's recent decision to eliminate nationwide injunctions won't impact the Court of International Trade, attorneys told us. The trade court is a court of national jurisdiction and will keep the right to issue nationwide injunctions for issues within its jurisdiction, the attorneys said.
The U.S. Supreme Court upheld the FCC’s USF contribution scheme in a 6-3 opinion Friday in Consumers’ Research v. FCC, but dissenting and concurring opinions from several conservative justices appeared to invite future challenges, attorneys told us.
The Court of International Trade on June 26 heard oral argument in a suit from U.S. solar cell maker Auxin Solar and solar module designer Concept Clean Energy against the Biden administration's decision to pause antidumping and countervailing duties on solar cells and modules from four Southeast Asian countries. Judge Timothy Reif heard from DOJ, the plaintiffs and counsel for various solar cell importers and exporters on whether Auxin waited too long to file suit and the propriety of applying retroactive relief, given that the affected importers would be subject to massive antidumping and countervailing duties without a chance for review (Auxin Solar v. United States, CIT # 23-00274).
The Supreme Court's recent decision to eliminate nationwide injunctions won't impact the Court of International Trade, attorneys told us. The trade court is a court of national jurisdiction and will keep the right to issue nationwide injunctions for issues within its jurisdiction, the attorneys said.
The following lawsuits were filed recently at the Court of International Trade: