The Court of International Trade on Aug. 16 denied a motion by importer Wanxiang America to dismiss a penalty case related to its alleged misclassification and failure to pay associated antidumping duties on tapered roller bearings.

The U.S. Supreme Court should grant the cert petitions of NetChoice and the Computer & Communications Industry Association challenging the restrictions in the Florida and Texas social media platforms’ content moderation laws on First Amendment grounds, said Solicitor General Elizabeth Prelogar in an amicus brief Monday (dockets 22-277 and 22-555).

DHS Secretary Alejandro Mayorkas and Acting CBP Commissioner Troy Miller must respond to allegations of forced labor used in imported cocoa from Côte d’Ivoire by seven major chocolate companies, the International Rights Advocates (IRAdvocates) said in its Aug. 15 complaint at the Court of International Trade. The suit aims to force DHS and CBP to issue a decision in response to a 2020 petition filed by IRAdvocates along with Corporate Accountability Lab, and the University of California Irvine Law School's Human Rights Clinic (UCI) (International Rights Advocates v. Alejandro Mayorkas and Troy Miller, CIT # 23-00165).

First Solar, a U.S.-based solar panel manufacturer, said a third-party audit found that its factories in Malaysia had workers who were victims of forced labor. The company disclosed the finding in its 2023 sustainability report, adding that some of its migrant employees were "subjected to unethical recruitment," passport retention practices and "unlawful retention of wages."

Verizon seeks expedited review of its allegations against Ocean City, New Jersey, for its “unreasonable and unsupportable” denial of Verizon’s application for “minor site plan approval” to build and install a personal wireless services facility, said its complaint Friday (docket 1:23-cv-04370) in U.S. District Court for New Jersey in Camden. The facility consists of antennas and related equipment and cabling on the roof of and on the ground adjacent to an existing two-story commercial building at the property in town, it said.

Five Republican senators, led by Marco Rubio of Florida, are asking the Forced Labor Enforcement Task Force to add Contemporary Amperex Technology, Co. Limited (CATL) and its supplier and former subsidiary Xinjiang Zhicun Lithium to the Uyghur Forced Labor Prevention Act entity list.

House Communications Subcommittee leaders told us they plan to continue actively pushing for floor action on the Commerce Committee-approved Spectrum Auction Reauthorization Act (HR-3565) when the chamber returns Sept. 12, despite the measure facing continued opposition from some Senate Republicans. House Commerce leaders tried and failed to get a floor vote on the measure before the August recess (see 2307270063). Lawmakers believe the outcome of a pending DOD study on repurposing the 3.1-3.45 GHz band may affect the prospects for reaching a deal to pass a spectrum legislative package that includes language from HR-3565 and other measures (see 2308070001).

CBP's failure to timely release documents in an Enforce and Protect Act investigation deprived importer Phoenix Metal of its right to defend against the agency's allegation that it transshipped in order to avoid paying antidumping and countervailing duties (see 2303030049), Phoenix said in an Aug. 9 motion for judgment at the Court of International Trade. The company said it had no chance to respond to allegations of evasion before "severe enforcement measures" were put in place, adding that CBP's "only purpose" in EAPA investigations "is to operate in the shadows and shun inconveniences like the [Administrative Procedure Act] and due process of law" (Phoenix Metal v. U.S., CIT # 23-00048).

Leaders of the 5G for 12 GHz Coalition hope for FCC action by year-end on rules to allow fixed-wireless use of the lower 12 GHz band. Comments were due Wednesday on a Further NPRM, which commissioners approved 4-0 in May, examining fixed-wireless and unlicensed use of 12.2-12.7 GHz spectrum (see 2305180052). That FNPRM was part of a complicated series of items addressing the 12 and 13 GHz bands.

The case in which private equity firm Legacy Equity Advisors accuses AT&T of not viewing it as a serious or qualified buyer for AT&T’s divested assets because of its African American ownership and management “is a prime example of racial discrimination in contracting” that Section 1981 of the Civil Rights Act “was intended to eradicate,” said Legacy’s opposition Monday (docket 3:23-cv-00979) in U.S. District Court for Northern Texas in Dallas to AT&T’s July 17 motion to dismiss (see 2307180002). In trying to “detract” from Legacy’s allegations, AT&T’s motion “makes a series of arguments contrary to” 5th Circuit precedent, said the opposition. Legacy alleges AT&T shut it out from bidding on Cricket Wireless, “only further evincing AT&T’s discriminatory intent,” it said. “The refusal to allow a bid, if on account of race, is a violation of Section 1981,” it said. AT&T contends Legacy’s complaint is time-barred, it said. But a court “may not dismiss a complaint based on the statute of limitations, unless it is evident from the plaintiff's pleadings that the action is time-barred, and the pleadings fail to raise some basis for tolling,” it said. Here, the complaint isn’t time-barred based on the allegations that Legacy didn’t know, and didn’t have reason to know, of AT&T’s “discriminatory motive” until March 2022, it said.