A Michigan-based vaporizer, rolling paper and pipe importer, ASHH, is challenging CBP’s seizure of its goods, saying that the agency wrongly characterized its imports as “drug paraphernalia.” Even if the goods were labeled as such, they would still be exempt from seizure since the plain text of two Michigan laws legalizing marijuana exempts the goods from seizure, the importer said. ASHH is also seeking a permanent injunction against CBP from further violations of Michigan’s marijuana legalization laws or federal regulations defining drug paraphernalia, according to a May 24 complaint in the U.S. District Court for the Eastern District of Washington.
The following lawsuits were recently filed at the Court of International Trade:
Chinese consumer electronics company Xiaomi Corporation, along with the Department of Defense, moved to have the company's designation as a "Communist Chinese military company" vacated, in a May 20 joint proposed order in the U.S. District Court for the District of Columbia. The move follows the court's finding that the designation was in violation of the Administrative Procedure Act (see 2105120047).
Domestic manufacturers and producers of a wide range of goods covered by antidumping duty orders filed motions for judgment May 24 seeking court orders that CBP distribute delinquency interest that they say should be paid to affected domestic producers under the Continued Dumping and Subsidy Offset Act of 2000.
The Commerce Department erred in its second remand results in an antidumping case when it departed from the "expected method" for calculating an all-other respondent AD duty rate, defendant-intervenors, led by Catfish Farmers of America, said in comments on the remand results dated May 24. The industry trade group argued that Commerce misunderstood CIT's remand directions when it switched to the "other reasonable method" approach under protest. Instead, the court sought only further explanation, it said (GODACO Seafood Joint Stock Company, et al., v. United States, CIT #21-00063).
The following lawsuits were recently filed at the Court of International Trade:
CBP's failure to alert Fedmet Resources of an Enforce and Protect Act investigation or to publish public summaries in the proceeding violated the company's constitutional due process rights, Fedmet said in a May 21 complaint in the Court of International Trade.
The 22 states, along with Washington, D.C., that challenged the Trump administration's decision to transfer "ghost gun" blueprints from the U.S. Munitions List to the less-restrictive Commerce Control List will not seek a review of the U.S.Court of Appeals for the 9th Circuit's decision to greenlight the move. According to a May 18 consent motion, lawyers for the State Department and the Directorate of Defense Trade Controls requested that the court immediately issue the mandate in the case, claiming that they received the go-ahead from the plaintiffs. Brendan Selby, counsel for the plaintiff State of Washington, told the defense that the states consent to the "immediate issuance of the mandate."
Building materials company Bruskin International made its first arguments to the Federal Circuit in a challenge to a change to the scope during an antidumping duty investigation, claiming that the Commerce Department made numerous and significant procedural errors in the scope modification in question, in an opening brief filed May 14.
The following lawsuits were recently filed at the Court of International Trade: