Importer Cozy Comfort filed its opening brief at the U.S. Court of Appeals for the Federal Circuit on Aug. 25, arguing that the Court of International Trade was wrong to find that the company's product, The Comfy, is a pullover and not a blanket (Cozy Comfort v. United States, Fed. Cir. # 25-1889).
Two 3D-printing pen kit importers moved for judgment Aug. 25 saying their products are demonstrably toys, not hand tools, based on the Carborundum factors (Quantified Operations v. United States, CIT # 22-00178).
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 Court of International Trade on Aug. 26 vacated the National Marine Fisheries Service's comparability findings on New Zealand's West Coast North Island multispecies set-net and trawl fisheries, though the court declined to compel NMFS to issue an import ban on fish and fish products from these fisheries under the Marine Mammal Protection Act (MMPA).
A law professor from Georgetown University and a former Biden administration official have differing outlooks on the future of the lawsuits on tariffs imposed under the International Emergency Economic Powers Act filed in courts. Professor Marty Lederman said he would be "very surprised" if the Federal Circuit or Supreme Court ruled against the government on non-delegation or major questions doctrine grounds. Lawyer and former federal official Peter Harrell, however, said that the courts may welcome an opportunity to curb executive power.
The Court of International Trade on Aug. 26 vacated the National Marine Fisheries Service's comparability findings on New Zealand's West Coast North Island multispecies set-net and trawl fisheries, though the court declined to compel NMFS to issue an import ban on fish and fish products from these fisheries under the Marine Mammal Protection Act (MMPA).
The following lawsuit was filed recently at the Court of International Trade:
The Trump administration may begin to use withhold release orders to punish enemies and reward allies, pushing nongovernmental organizations to pursue litigation against companies using forced labor, according to a human rights lawyer and nonprofit director.
A bevy of entities, including advocacy organizations and media groups like the New York Times, filed amicus briefs earlier this week that blasted California’s Age-Appropriate Design Code (AADC) Act for infringing on privacy and First Amendment rights, with some saying the statute reigns in nearly every form of online content including news sites.
The Court of International Trade dismissed Aug. 21 a case brought by Canadian lumber exporter J.D. Irving in an attempt to secure a lower antidumping duty cash deposit rate for some of its entries.