The Court of International Trade's ruling that a product is "imported" for duty drawback purposes when it's admitted into a foreign-trade zone and not when entered for domestic consumption would lead to a partial repeal of the FTZ Act, importer King Maker Marketing argued in a reply brief at the U.S. Court of Appeals for the Federal Circuit. King Maker said the trade court's decision would lead to "absurd and anomalous results," since it would require finding the clock for drawback claims to start before the right to make the claim accrues (King Maker Marketing v. United States, Fed. Cir. # 25-1819).
The U.S. Court of Appeals for the Federal Circuit on Oct. 1 appointed two new members to the court's advisory council. Judge Kimberly Moore appointed Gabriel Bell, the head of Latham & Watkins' intellectual property appellate practice, and Kathi Vidal, partner at Winston & Strawn and leading IP litigator. Moore also reappointed Michelle Klancnik, assistant general counsel at the International Trade Commission, and Sonal Mehta, partner at WilmerHale, members to the council. All four will serve three-year terms, starting Oct. 1.
Gina Justice has become the clerk of the Court of International Trade following the retirement of Mario Toscano, Justice announced on LinkedIn. For the past decade, Justice worked as the trial court administrator for Florida's 13th Judicial Circuit, which is the state court system encompassing Tampa. Prior to joining the Florida court system, Justice worked for over 30 years for courts in Hawaii and Southern California, according to the Tampa Bay Times.
The U.S. Court of Appeals for the 9th Circuit denied the government's attempt to stay the case from members of Blackfeet Nation against the tariffs imposed under the International Emergency Economic Powers Act due to the federal government shutdown as "unnecessary" in light of the court's order issued in response to the shutdown (Susan Webber v. U.S. Department of Homeland Security, 9th Cir. # 25-2717).
Court of International Trade judges Mark Barnett, Joseph Laroski, Lisa Wang, Jennifer Choe-Groves, M. Miller Baker, Claire Kelly, Timothy Reif and Richard Eaton stayed various cases before them after the government asked for a stay in light of the federal government shutdown.
The Court of International Trade on Oct. 1 sent back the Commerce Department's decision to deny antidumping duty respondent Ditar's request for a level-of-trade analysis in the AD investigation on shopping bags from Colombia.
The Court of International Trade on Oct. 1 sent back the Commerce Department's finding that antidumping duty respondent Ditar correctly reported an individual transaction, dubbed "Transaction X," as a home market sale in the AD investigation on shopping bags from Colombia. Judge M. Miller Baker said on remand the agency must address whether Ditar had "actual" knowledge of whether Transaction X was destined for export "without importing evidence relevant only to" whether Ditar had "constructive" knowledge that the sale was for export.
Two Colorado companies and their top executives were indicted last month for conspiring to evade tariff payments on their imports of forklifts, DOJ announced on Sept. 30. The companies, Endless Sales and Octane Forklifts; current executives Brian Firkins and Jeffrey Blasdel; and former executive J.R. Antczak allegedly conspired to undervalue the forklifts from China at entry, then hide their Chinese origin and sell them to federal government agencies by declaring them to be made in the U.S.
The Commerce Department properly found that the South Korean government's full allotment of emissions permits under the Korean Emissions Trading System (K-ETS) was de facto specific, the Court of International Trade held in a decision made public Oct. 1.
The parties challenging tariffs issued under the International Emergency Economic Powers Act asked the Supreme Court to grant divided argument among the three groups of plaintiffs challenging the tariffs and to allow for 45 minutes of argument for each side. The three groups are five importers that filed suit at the Court of International Trade, 12 U.S. states that filed suit at CIT, and two importers that filed their case at the U.S. District Court for the District of Columbia (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).