Year: 2024
Dec 3rd, 2024
TRUMP AND TARIFFS: WHAT HE CAN (AND CAN’T) DO, AND WHAT TO EXPECT
After professing on the campaign trail that “tariffs” are his favorite word, President-elect Donald Trump crystallized his intent last week by saying that on the first day of his administration, he would impose 25% tariffs on all goods imported from Canada and Mexico, and an additional 10% tariffs on products…
Nov 8th, 2024
Trade Update for Week of November 6, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 24-123 Before the Court in Ildico Inc. v. United States, Court No. 18-00136, Slip Op. 24-123 (November 1, 2024) were cross motions for summary judgement by the parties on the question of whether the cases of the watches imported by Ildico are…
Oct 30th, 2024
Trade Updates for Week of October 30, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 24-117 Before the Court in Seneca Foods Corp. v. United States, Court No. 22-00243, Slip Op. 24-117, was a decision by the United States Court of International Trade (“CIT”) to sustain the Department of Commerce’s denials of certain exclusion requests filed by…
Oct 16th, 2024
Trade Update for Week of October 16, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 24-114 Before the Court in Cozy Comfort Company, LLC v. United States, Court No. 1:22-cv-00173 (SAV), Slip Op. 24-114 (October 15, 2024) were motions in limine submitted by both parties. The Court of International Trade reviewed this action pursuant to its 28…
Oct 10th, 2024
Trade Updates for Week of October 9, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 24-108 Before the Court in Keystone Automotive Operations, Inc. v. United States, Court No. 21-002157, Slip Op. 24-108 (October 7, 2024) were cross motions for judgment. The Court analyzed whether various side bars, nerf bars, and bars (collectively “subject merchandise”) attached to…
Sep 26th, 2024
Trade Updates for Week of September 25, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 24-100 The government’s Complaint was sufficient to make an importer respond to a demand for 19 U.S.C. §1592(a) withheld duties, the Court of International Trade held in United States v. Katana Racing, Inc., Court No. 19-00125, Slip Op. 24-100 (September 9, 2024)….
Sep 26th, 2024
Trade Updates for Week of September 11, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 24-101 Before the Court in Sea Shepherd New Zealand, et. al. v. United States, Slip Op. 24-101 (September 11, 2024) was a joint stipulation of dismissal with prejudice under USCIT Rule 41 filed by the parties. This action relates to an earlier…
Sep 16th, 2024
White House Proposes Changes to Use of Section 321 “Low Value Shipment” Provision
The Biden Administration has indicated its intention to adopt regulations sharply reducing importers’ ability to use the $800 low value shipment exemption” contained in Section 321 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1321. In a September 13, 2024, notice posted to the White House website,…
Aug 21st, 2024
Trade Update for Week of August 21, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 24-97 Before the Court in United States v. Koehler Oberkirch Gmbh, f/k/a Paierfabrik August Koehler SE, f/k/a Papierfabrik August Koehler AG and Koehler Paper SE, Court No. 24-00014, Slip Op. 24-97 (August 21, 2024) was an action by the government to recover…
Aug 15th, 2024
Trade Update for Week of August 14, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 24-91 Before the Court in International Rights Advocates v. Alejandro Mayorkas, Secretary U.S. Dept. of Homeland Security and Troy A. Miller, Acting Commissioner of U.S. Customs and Border Protection, Court No. 23-00165, Slip Op. 24-91 (August 8, 2024) was a motion…
Aug 8th, 2024
Trade Update for Week of August 7, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 24-84 Before the Court in Acquisition 362, LLC. d.b.a. Strategic Import Supply, LLC v. United States, Court No. 24-00011, Slip Op. 24-84 (July 23, 2024) was plaintiff’s challenge to the liquidation of entries covered by injunctions relating to certain passenger vehicle…
Jul 3rd, 2024
Trade Update for Week of July 3, 2024
United States Court of International Trade Slip Op. 24-69 Before the Court in Greentech Energy Solutions, Inc. v. United States, Court No. 23-00118, Slip Op. 24-69 (June 10, 2024) was a motion to dismiss for lack of subject matter jurisdiction and failure to state a claim brought forth by the…
Jul 1st, 2024
BYE BYE, CHEVRON DEFERENCE . . . HELLO, ‘JUDGES GONE WILD’?
The Supreme Court’s June 28, 2024 decision in Loper Bright Enterprises v. Raimondo wiped away the four-decade old doctrine that reviewing courts must grant “Chevron deference” to agency regulations. The decision represents a massive shift of power away from administrative agencies and to the judicial branch of government. Perhaps nowhere…
Jun 12th, 2024
Trade Update for Week of June 12, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 24-63 Before the Court in United States of America v. Aegis Security Insurance Company, Court No. 1:20-cv-03628 (SAV), Slip Op. 24-63 (May 28, 2024) was a motion for reconsideration filed by the Government seeking to (1) reimagine the proceedings and its own…
Jun 5th, 2024
Trade Update for Week of June 5, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 24-58 Before the Court in Auxin Solar, Inc. v. United States, Court No. 23-00274, Slip Op. 23-58 (May 9, 2024) were cross motions to dismiss, motions to intervene of nine proposed defendant-intervenors, a supplemental protective order filed by proposed defendant-intervenors, and a…
Jun 3rd, 2024
New Court of International Trade Decision Discusses “Deemed Liquidation” of Drawback Entries
A significant new decision of the United States Court of International Trade discusses the concept of “deemed liquidation” of drawback claims. In Performance Additives LLC v. United States, Slip Op 24-65 (May 31, 2024), the CIT made two significant determinations, as follows; If all of the designated import entries in…
May 29th, 2024
Trade Updates for Week of May 29, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Slip Op. 24-57 Before the United States Court of International Trade (“CIT”) in Kent Displays, Inc. v. United States, Court No. 20-00156 (May 9, 2024) were cross-motions for summary judgment in relation to certain type of dashboards that were subject to additional duties of…
May 28th, 2024
TRADE REPRESENTATIVE CUTS BACK ON SECTION 301 EXCLUSIONS
In the wake of its Four Year Report concerning the Section 301 tariffs imposed on products of China beginning in 2018, the United States Trade Representative has announced that it will terminate most of the existing product-specific exclusions from Section 301 tariffs, and will continue others until May 31,…
May 15th, 2024
Section 301 Duties: Unpacking the USTR’s Four-Year Review and Future Trade Implications
Section 301 duties continue to play an increasingly pivotal role in U.S. trade strategy to counteract inequitable trade practices and intellectual property theft by China. In the latest development, the Office of the US Trade Representative (USTR) announced the conclusion of a statutorily required four-year review of the Section 301 duties…
May 9th, 2024
Trade Updates for Week of May 8, 2024
United States Court of International Trade Sahamitr Pressure Container PLC., v. United States, Slip Op. 24-54 Before the United States Court of International Trade in Sahamitr Pressure Container PLC., v. United States, Court No. 22-00107 (May 2, 2024) was an antidumping case concerning a challenge to the Department of Commerce’s…
Apr 25th, 2024
Trade Updates for Week of April 24, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Blue Sky the Color of Imagination, LLC, v. United States, Slip Op. 24-42 Before the Court in Blue Sky the Color of Imagination, LLC, v. United States, Court No. 21-00624, Slip Op. 24-42 (April 10, 2024) were cross motions for summary judgment by…
Mar 18th, 2024
Aluminum Extrusions: Everything, Everywhere, All at Once.
The imposition of antidumping and countervailing duty orders on a given class or kind of merchandise often causes producers of subject goods in the targeted countries to take action to avoid liability under the orders. This may involve changing the nature of the goods produced to remove them from the…
Feb 28th, 2024
Trade Updates for Week of February 28, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Fraserview Remanufacturing Inc. v. United States, Slip Op. 24-8 In Fraserview Remanufacturing Inc. v. United States, Slip Op 24-8 (January 25, 2024) a Canadian exporter of softwood lumber had some eighty (80) entries suspended while the Commerce Department conducted its first administrative review of the…
Feb 5th, 2024
CIT Won’t Consider “Non-Enumerated” Tariff Provisions in Determining “Substitutability” for Drawback Purposes
The United States Court of International Trade recently determined that it will not consider language appearing at “non-enumerated” provsions of the Harmonized Tariff Schedule (HTS) when determining whether imported and exported goods are “substitutable” for duty drawback purposes. In Spirit Aerosystems LLC v. United States, Slip Op. 24-10 (January 30,…
Feb 5th, 2024
Deemed Liquidation? Not So Fast!
A comedy of errors involving the handling of softwood lumber entries ended with Customs in tears, courtesy of an interesting new Court of International Trade decision. In Fraserview Remanufacturing Inc. v. United States, Slip Op 24-8 (January 25, 2024), a Canadian exporter of softwood lumber had some eighty (80) entries…
Jan 10th, 2024
Trade Updates for Week of January 10, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Before the Court in CVB, Inc. v. United States and Brooklyn Bedding, LLC., et al., Court No. 21-288, Slip Op. 24-02 (January 8, 2024) was a motion to retract the Court’s public slip opinion and accord confidential treatment to alleged business proprietary information contained…
Jan 4th, 2024
Trade Updates for Week of January 3, 2024
UNITED STATES COURT OF INTERNATIONAL TRADE Before the Court in Jilin Bright Future Chem. Co., v. United States, Court No. 22-00336, Slip Op. 23-189 (December 21, 2023) was a challenge to the final results of the U.S. Department of Commerce in the fourteenth administrative review of the antidumping duty order…
Jan 2nd, 2024
Cannabis Industry Players Need To Take Control Of Their Supply Chains
Supply chain planning is important to players in the legal cannabis industry. Processing and harvesting equipment which might be lawful to own in one state might be prohibited “drug paraphernalia” in another. This requires industry members to take care in routing domestic movements of their wares. As the industry emerges…