The Court of International Trade courthouse will be closed until further notice to limit COVID-19 exposure, said Clerk of the Court Mario Toscano in an April 2 notice. “During this time, and upon approval of the assigned judge(s), parties are able to participate in, and members of the public may listen to, proceedings via teleconference,” it said. “Access for the public may be precluded or limited when confidential information will be presented in the proceeding.” The court also posted information about teleconferencing on its website. “Prior to the day of the court proceeding, the Case Manager will provide the parties with the dial-in number and the access codes for participating in the proceeding via email,” it said.
The following lawsuits were filed at the Court of International Trade during the week of March 23-29:
The American Institute for International Steel has filed an appeal to the Supreme Court in its challenge to the constitutionality of Section 232 tariffs. The petition for certiorari asks, “Is section 232 facially unconstitutional on the ground that it lacks any boundaries that confine the President’s discretion to impose tariffs on imported goods and, therefore, constitutes an improper delegation of legislative authority and a violation of the principle of separation of powers established by the Constitution?” If the case succeeds, “it would preclude the President from relying on section 232 at all,” the brief says. The Court of International Trade and U.S. Court of Appeals for the Federal Circuit both ruled that Supreme Court precedent from the 1970s requires a finding that the tariffs are constitutional (see 2002280058). AIIS hopes to get a decision on whether the Supreme Court will hear the case by the court’s summer recess, said its lawyer, Alan Morrison of George Washington University Law School.
A Pennsylvania chemicals company agreed to pay a $450,000 fine for failing to notify the Drug Enforcement Administration of certain imports and exports, according to a March 25 Justice Department news release. The company, Ungerer & Company, violated reporting obligations on a “number of occasions” after it completed international shipments of chemicals that can be used to “manufacture illicit controlled substances.” In addition to the fine, the company agreed to a three-year agreement with the DEA to implement remedial measures, including submissions of “certain delinquent forms on its shipments” and the implementation of a system to train employees to avoid future reporting violations. The company must also submit quarterly certifications to the DEA to prove it is complying with reporting obligations.
The following lawsuits were filed at the Court of International Trade during the week of March 16-22:
The following lawsuits were filed at the Court of International Trade during the week of March 9-15:
An importer of Indian citric acid subjected to antidumping and countervailing duties on China must challenge the tariffs by way of a protest or a scope ruling, and can’t directly file a lawsuit alleging CBP did not follow the proper procedures in determining dutiability, the Court of International Trade said in a March 16 decision dismissing TR International’s lawsuit on jurisdictional grounds.
The Court of International Trade is expanding its prohibition on entry into the courthouse to anyone who has traveled in 25 additional member states of the European Union in the past two weeks, it said in an updated message on its website. While the policy, put in place in response to the coronavirus pandemic (see 2003110056), had previously applied to travelers to Italy, as well as China, Iran and South Korea, it now also applies to all members of the EU’s Schengen Area, including Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and Switzerland. The prohibition on entry into the courthouse also applies to anyone who resides or has had close contact with someone who has traveled to one of these areas within the last 14 days, as well as anyone who has been asked to self-quarantine by any hospital or health agency, or has been diagnosed with, or has had contact with, anyone who has been diagnosed with COVID-19, the novel coronavirus at the heart of the pandemic.
The Court of International Trade will hear the recent series of lawsuits challenging Section 232 tariffs on steel and aluminum derivatives as a three-judge panel, according to multiple people familiar with the cases. Though the court’s case management system was down as of press time for an IT upgrade, the panel will apparently decide the similar cases filed in recent weeks by PrimeSource, Oman Fasteners, Huttig, Astrotech, Trinity, New Supplies, Aslanbas, J. Conrad, Metropolitan Staple, and 10 companies including SouthernCarlson (see 2003030048).
The Court of International Trade remains open during the ongoing coronavirus disease pandemic, but some that have been potentially exposed to COVID-19 will be denied permission to enter the courthouse, CIT said in an update on its website. “[I]f you have traveled to China, Italy, Iran, or South Korea within the last 14 days; reside or have had close contact with someone who has traveled to one of the above areas within the last 14 days; have been asked to self-quarantine by any hospital or health agency; or have been diagnosed with, or have had contact with, anyone who have been diagnosed with COVID-19, you must inform the Court Security Officers upon entering the courthouse and will be denied permission to enter,” CIT said. “If you are so affected and are an attorney scheduled to appear before the Court in the near future, you must notify the court so that appropriate safeguard measures can be taken. You may appear via teleconference or video-conference with the approval of the presiding Judge,” the trade court said. “These restrictions will remain in place until further notice.”