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…