Plaintiffs in the massive Section 301 litigation said the U.S. Supreme Court's recent decision in Loper Bright v. Raimondo, which overturned the Chevron principle of deferring to federal agencies' interpretations of ambiguous statutes (see 2406280051), is relevant to the consequential litigation concerning the lists 3 and 4A Section 301 duties (HMTX Industries v. U.S., Fed. Cir. # 23-1891).
The Court of International Trade on July 10 kept the vast majority of the confidential record shielded from the public in Chinese printer cartridge exporter Ninestar Corp.'s suit against its placement on the Uyghur Forced Labor Prevention Act Entity List. Judge Gary Katzmann only ordered an eight-page stretch of the confidential record unsealed, given that it detailed the Forced Labor Enforcement Task Force's "standard operating procedures."
The Customs Rulings Online Search System (CROSS) was updated June 17-27 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
Importer MTD Products filed a complaint at the Court of International Trade June 5 claiming its spark-ignition reciprocating or rotary internal combustion piston engines from China were improperly denied Section 301 exclusions by CBP (MTD Products v. U.S., CIT # 22-00174).
In a 2022 case brought against both CBP and the Office of the U.S. Trade Representative, plaintiff Curia Global Inc., a drug development company, once again amended its complaint to remove one of its family companies, Curia Wisconsin, because “the entity is in the process of changing ownership and no longer wishes to join in this action" (Curia Global Inc. v. U.S., CIT # 22-00247).
The Chevron doctrine will almost certainly be overturned soon by the Supreme Court, leaving the path forward for judicial deference unclear, panelists said at Georgetown University Law Center’s 45th Annual International Trade Update.
Former Deputy U.S. Trade Representative Jayme White will join Kelley Drye as a senior international trade adviser starting May 13 in the international trade practice group, the firm announced. White joined USTR in 2021, engaging with nations in the Western Hemisphere, Europe and the Middle East. USTR noted his departure in October, saying he led the enforcement of the USMCA, along with the global deal on sustainable steel and aluminum and negotiations on a critical minerals agreement. Prior to joining USTR, White worked in the office of then-Rep. Jim McDermott, D-Wash., and as chief adviser for international competitiveness and innovation for the Senate Finance Committee.
The U.S. swapped out its lead attorney in a case challenging CBP's denial of a Section 301 exclusion for its entries of "steel side protective attachments for motor vehicles, specifically side bars, fern bars, and bars." The government said Brandon Kennedy, a DOJ trade trial attorney, took the place of Edward Kenny, senior trial counsel at DOJ. The case was brought by importer MKI Enterprise Group, doing business as Winbo USA, to challenge CBP's denial of its protest seeking Section 301 exclusions the Office of the U.S. Trade Representative granted for "side protective attachments" (see 2404220057) (MKI Enterprise Group v. United States, CIT # 22-00131).
Importer MKI Enterprise Group, doing business as Winbo USA, filed a complaint at the Court of International Trade on April 22 to contest CBP's denial of a Section 301 exclusion for its entries of "steel side protective attachments for motor vehicles, specifically side bars, fern bars, and bars" from China (MKI Enterprise Group v. United States, CIT # 22-00131).
The Office of the U.S. Trade Representative reappointed Devin Sikes, counsel for Akin Gump, to the U.S. roster for antidumping and countervailing duty disputes stemming from USMCA Chapter 10, the firm announced. The term -- Sikes' fifth on the U.S. roster -- expires March 31, 2025.