The U.S. on May 13 moved to dismiss a lawsuit challenging CBP's exclusion of two rubber tire entries, claiming that CIT has no jurisdiction because the entries were excluded at the behest of the Transportation Department's National Highway Traffic Safety Administration (NHTSA). As a result, the exclusions were not protestable decisions made by CBP, so the Court of International Trade had no subject matter jurisdiction under Section 1581(a) (Inspired Ventures v. United States, CIT # 24-00062).
Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The U.S. told the U.S. Court of Appeals for the Federal Circuit that the principle of stare decisis requires the appellate court to sustain the legality of the Commerce Department's non-market economy policy (Jilin Forest Industry Jinqiao Flooring Group Co. v. United States, Fed. Cir. # 23-2245).
Sanctions and export control attorney Keil Ritterpusch has joined Buchanan Ingeroll as a shareholder in the international trade and national security practice group, the firm announced May 13. Ritterpusch has worked across the defense, aerospace and software sectors and has helped clients put in place compliance programs involving the International Traffic in Arms Regulations, Export Administration Regulations, Foreign Trade Regulations, Office of Foreign Assets Control regulations and Foreign Corrupt Practices Act requirements.
The U.K. High Court of Justice on May 10 made permanent a court order blocking sanctioned Russian entity VEB from taking a dispute with Barclays Bank to an arbitration court in Russia. The court rejected VEB's claim that British sanctions "frustrated" an arbitration agreement between the parties.
The U.S. on May 10 told the U.S. Court of Appeals for the Federal Circuit that the Court of International Trade "improperly relied on extra-record information" in rejecting the Commerce Department's final determination in the antidumping duty investigation on hardwood plywood from China (Linyi Chengen Import and Export Co. v. United States, Fed. Cir. # 24-1258).
Estonian Bank LHV Pank said it plans to contest in court a $322,000 fine by the Estonian Financial Intelligence Unit for violating Estonia's International Sanctions Act."LHV Pank does not agree with the FIU’s resolution and plans to contest it in court," the bank said. "LHV Pank takes regulatory compliance very seriously and has put in place all necessary solutions to meet all due diligence obligations related to financial sanctions."
The U.K. High Court of Justice on May 3 said funds are subject to sanctions when a party can prove that the funds are being "in fact controlled" by a sanctioned party, not when there's "only reasonable cause to suspect" they are controlled by a sanctioned party, according to the Global Sanctions blog.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
China on May 7 voiced its opposition to the U.S. reportedly revoking the export licenses that Intel and Qualcomm use to sell certain semiconductors to Huawei (see 2405070081). The Ministry of Commerce said the move violates World Trade Organization commitments, according to an unofficial translation.