A group of constitutional scholars, legal historians, a former appellate judge, a former attorney general and three former U.S. senators urged the Supreme Court on July 17 to take up two importers' case against the legality of tariffs imposed under the International Emergency Economic Powers Act. The amici argued that President Donald Trump's IEEPA tariffs clearly violate the constitutional order and, if upheld, would let the president use IEEPA " to reshape U.S. economic policy, and indeed the global economy more generally, without involving Congress" (Learning Resources v. Donald J. Trump, Sup. Ct. # 24-1287).
Information collected under the Export Control Reform Act is “presumptively withheld” from Freedom of Information Act requests, the U.S. said July 14 in a case involving the disclosure of documents related to an addition to the Entity List (Husch Blackwell v. Department of Commerce, D.D.C. # 1:24-02733).
The Court of International Trade's decision to vacate the executive orders imposing tariffs under the International Emergency Economic Powers Act doesn't "withstand close scrutiny," NYU Law School professor Samuel Estreicher and recent law school grad Andrew Babbit said in a blog post.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Commerce Department was right to find that the material terms of exporter Toyo Kohan’s U.S. sales were finalized the earlier of each sale’s shipment date or invoice date, the government and petitioner Thomas Steel Strip Corp. each said July 11 (Toyo Kohan Co. v. United States, CIT # 24-00261).
James Treanor, former attorney-adviser in the Office of Foreign Assets Control's chief counsel's office, has joined Akin as a senior counsel, he announced on LinkedIn. Treanor will help clients with international trade and national security-related regulatory and enforcement issues, including those related to sanctions and export controls. He left OFAC in June.
An Iranian national and U.S. resident was arrested for allegedly exporting electronics used in railway signaling and telecommunications systems in violation of the International Emergency Economic Powers Act and the Iranian Transactions and Sanctions Regulations, DOJ announced last week. Bahram Ostovari is charged with one count of conspiring to violate the IEEPA and three counts of violating the IEEPA, facing a maximum prison sentence of 20 years for each count.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The U.S. opposed exporter Camel Group's motion to unredact part of the record in the company's case against its placement on the Uyghur Forced Labor Prevention Act Entity List, arguing on July 10 that disclosure of information deemed confidential "would substantially harm the Government's" law enforcement efforts in applying the UFLPA. The government told the Court of International Trade it has a "strong interest in protecting the law enforcement sensitive information," while Camel has "no compelling argument as to why disclosure to the public, or to Camel, as opposed to confidential disclosure, is necessary" (Camel Group Co. v. United States, CIT # 25-00022).
The Commerce Department showed its work in finding that exporter East Sea Seafoods is independent of the Vietnamese government and thus eligible for a separate rate under an antidumping duty order on Vietnamese catfish in the 2019-20 administrative review of the AD order, the Court of International Trade held on July 10. Judge M. Miller Baker also held that Commerce properly assigned exporter Green Farms Seafood Joint Stock Company an AD rate taken from a simple average of respondent NTSF Seafood's zero percent rate and East Sea's adverse facts available rate.