Year: 2023
Dec 28th, 2023
The Evolving Legal Landscape For Importing Cannabis-Related Goods
The legal landscape surrounding the importation of cannabis “drug paraphernalia” has seen a remarkable turn in recent years that requires continued vigilance within the industry. A diverse range of cannabis products are needed to serve the needs of the cannabis industry at each level of the supply chain. Whether focused…
Dec 18th, 2023
Trade Updates for Week of December 13, 2023
UNITED STATES COURT OF INTERNATIONAL TRADE Before the Court in Trina Solar (Changzhou) Science & Technology Co., Ltd., et al. v. United States (defendant) and American Alliance for Solar Manufacturing (defendant-intervenor), Court No. 23-00219, Slip Op. 23-174 (December 12, 2023) was a consent motion to remand to the United States…
Nov 15th, 2023
Trade Updates for Week of November 15, 2023
United States Court of Appeals for the Federal Circuit Before the Court of Appeals for the Federal Circuit in Solar Energy Industries Association, et. al. v. United States, et. al., Case 22-1392 (November 13, 2023) was the government’s appeal of the Court of International Trade’s (“CIT”) prior judgment in favor…
Nov 1st, 2023
Trade Updates for Week of November 1, 2023
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 23-146 Before the Court in Southern Cross Seafoods, LLC v. United States and National Marine Fisheries Service, Court No. 22-00299, Slip Op. 23-146 (October 5, 2023) was Plaintiff’s motion to supplement the administrative record for certain document categories that plaintiff alleges are…
Sep 28th, 2023
Trade Updates for Week of September 27, 2023
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 23-139 Before the Court in Second Nature Designs Ltd., v. United States, Court No. 17-00271, Slip Op. 23-139 (September 21, 2023) were cross motions for summary judgment concerning the classification of imported various decorative items of plant parts under Harmonized Tariff Schedule…
Sep 13th, 2023
Trade Updates for Week of September 13, 2023
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 23-129 Before the Court in AM/NS Calvert LLC v. United States, Court No. 21-00005, California Steel Industries, Inc. v. United States, Court No. 21-00015, and Valbruna Slate Stainless Steel, Inc. v. United States, Court No. 21-00027, Slip Op. 23-129 (September 6, 2023)…
Sep 13th, 2023
Say Good-bye To Finality Of Liquidation?
“Finality of liquidation” has long been a core principle of American Customs law. When an importer files an entry of merchandise, Customs and Border Protection “CBP” has up to one year to “liquidate” that entry, making the final determination as to the classification, value, rate of duty and admissibility of…
Aug 6th, 2023
ROYAL BRUSH DECISION RESTORES SOME BALANCE TO TRADE SCENE
The Federal Circuit’s July 27, 2023 decision in Royal Brush Manufacturing Inc. v. United States No. 2022-1226, represents an important step in returning equity and fairness to the rough-and-tumble world of unfair trade remedies. In Royal Brush, the Federal Circuit ruled that an importer targeted by a complaint filed under…
Aug 25th, 2023
Trade Updates for Week of August 9, 2023
United States Court of Appeals for the Federal Circuit Case No. 22-1226 Before the Federal Circuit in Royal Brush Manufacturing, Inc. v. United States, Court No. 2022-1226 (August 4, 2023), was appellant Royal Brush Manufacturing’s (“Royal Brush”) appeal from a final decision of the CIT sustaining Customs determination finding that…
Jul 13th, 2023
Trade Updates for Week of July 12, 2023
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 23-96 Before the Court in Greenfirst Forest Products v. United States, Court No. 22-97, Slip Op. 23-96 (July 6, 2023), is the “U.S. Department of Commerce’s (“Commerce”) remand redetermination pursuant to the Court’s order in GreenFirst Forest Prods. v. United States, 603…
Apr 19th, 2023
Trade Updates for Week of April 19, 2023
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 23-47 Before the Court in Kierton USA v. United States, Court No. 21-00452, Slip Op. 23-47 (April 11, 2023) was plaintiff’s application for fees and other expenses pursuant to the Equal Access to Justice Act, alleging it incurred $479,299 in attorney fees…
Jan 11th, 2023
Trade Updates for Week of January 11, 2023
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 23-01 Before the Court in Sea Shepherd New Zealand, et. al. v. United States, et. al., was a motion by the Government of New Zealand to modify a preliminary injunction previously issued by the Court in the litigation. The case involves “the…
Jan 25th, 2023
Trade Updates for Week of Jan 25, 2023
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 23-07 Before the Court in NLMK Pennsylvania, LLC v. United States, Court No. 21-507, Slip Op. 23-7 (January 23, 2023) was plaintiff’s motion for judgment on the agency record concerning the Department of Commerce’s denial of plaintiff’s requests for certain steel slabs…
Feb 1st, 2023
Trade Updates for Week of February 1, 2023
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 23-10 Before the Court in J.D. Irving, Limited v. United States, et. al., Court No. 21-651, Slip Op. 23-10 (January 25, 2023) was the Government’s motion to dismiss plaintiff’s complaint for lack of subject matter jurisdiction. Plaintiff filed the case to challenge…
Feb 8th, 2023
Trade Updates for Week of February 8, 2023
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 23-12 Before the Court in Columbia Aluminum Prods., LLC v. United States, Court No.19-185, Slip Op. 23-12 (February 6, 2022) was the motion of defendant-intervenor, Endura Products, Inc. (“Endura”), to stay litigation before the Court pending a conclusive decision in an appeal…
Feb 15th, 2023
Trade Updates for Week of February 15, 2023
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 23-15 Before the Court in Hyundai Steel Co. v. United States, Court No. 21-00536, Slip Op. 23-15 (February 10, 2023) was Plaintiff’s motion for judgment challenging the U.S. Department of Commerce’s final results in the 2018 administrative review of the countervailing duty…
Mar 3rd, 2023
Trade Updates for Week of February 22, 2023
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 23-20 Before the Court in SGS Sports, Inc. v. United States, Court No. 18-00128, Slip Op. 23-20 (February 17, 2023) was defendant’s motion for a new trial rehearing or rehearing for Slip Op. 22-26. Defendant argued that the Court had failed to…
Mar 9th, 2023
Trade Updates for Week of March 8, 2023
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 23-28 Before the Court in Jilin Bright Future Chems. Co. v. United States, Court No. 22-00336, Slip Op. 23-28 (March 3, 2023) plaintiff-intervenors Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd. and Datong Municipal Yunguang Activated Carbon Co., Ltd.’s partial consent motion for…
Mar 30th, 2023
Trade Updates for Week of March 29, 2023
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op 23-42 Before the Court in Kent International, Inc. v. United States, Court No. 15-001135, Slip Op. 23-42 (March, 24, 2023) was Plaintiff’s motion for judgement challenging U.S. Customs and Border Protection’s denial of protests regarding the classification of Kent’s “WeeRide” child safety…
Mar 23rd, 2023
Trade Updates for Week of March 22, 2023
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 23-36 Before the Court in BRAL Corporation v. United States, Court No. 20-00154, Slip Op. 23-36 (March, 20, 2023) were cross motions for summary judgement in an action contesting U.S. Customs and Border Protection’s (“CBP”) denial of two protests relating to twelve…
May 11th, 2023
Trade Updates for Week of May 11, 2023
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 23-68 Before the Court in ME Global, Inc. v. United States, Court No. 19-179, Slip. Op. 23-68 (May 2, 2023) were the cross-motions for summary judgment of plaintiff and defendant concerning the proper classification of heat-treated forged steel rods from the People’s…
Jun 14th, 2023
Trade Updates for Week of June 14, 2023
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 23-90 Before the Court in Maple Leaf Marketing, Inc., v. United States, Court No. 20-03839, Slip Op. 23-90 (June 14, 2023) was Plaintiff Maple Leaf Marketing, Inc.’s (“Maple Leaf”) motion to dismiss Defendant U.S. Customs and Border Protection’s (“CBP”) counterclaim, and to…
Jun 22nd, 2023
Trade Updates for Week of June 21, 2023
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 23-91 Before the Court in Skyview Cabinet USA, Inc., v. United States, Court No. 22-08, Slip Op. No. 23-91 (June 20, 2023) was plaintiff, Skyview Cabinet Inc.’s (“Skyview”), motion for judgment on the agency record challenging U.S. Customs and Border Protection’s (“CBP…
Jun 28th, 2023
Trade Updates for Week of June 28,2023
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 23-92 Before the court in Sea Shepherd New Zealand v. United States, Court No. 20-112, Slip Op. 23-92 (June 21, 2023) was the Defendant’s motion to dismiss the third count in Plaintiffs’ complaint which alleged that the Department of Commerce acted arbitrarily,…
Feb 1st, 2023
UFLPA a Game Changer for U.S. Importers
The Uyghur Forced Labor Prevention Act (UFLPA) is a game changer for companies that import goods from China, particularly from Xinjiang Province. While Section 307 of the Tariff Act has long banned imports of goods made using forced or prison labor, the UFLPA raises the stakes by creating a “rebuttable…
Jun 26th, 2023
CBSA PROPOSAL WOULD INCREASE DUTIES FOR MANY; PUBLIC COMMENTS DUE BY JULY 26, 2023
The Canada Border Services Agency (CBSA) has proposed amendments to Canada’s Value for Duty Regulations which would amend the definitions of “sale” and “purchaser in Canada” for purposes of determining the dutiable “transaction value” of imported merchandise. While the proposal is styled as one to “level the playing field” between…
Apr 17th, 2023
DUTY DRAWBACK: CLAIMANTS MAY NEED TO “ROOT HURT”
The tight-knit group of drawback professionals serving American importers and exporters (sometimes referred to by Customs as “drawback vigilantes”) is watching with interest and not a little concern as an interesting case makes its way through the United States Court of International Trade. In Spirit Aerosystems Inc. v. United States,…