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.
Citing the expanded use of telemedicine, FCC commissioners unanimously adopted a Further NPRM seeking comments on changes to the rural healthcare program’s telecom program’s rates determination rules and to the healthcare connect fund’s internal funding caps, during the agency’s monthly meeting Friday (see 2202170031). They also adopted an order requiring Aureon to submit information needed to calculate refunds to its customers, and a $45 million fine against a company that made more than 500,000 robocalls that violate Telephone Consumer Protection Act rules. Chairwoman Jessica Rosenworcel also said the FCC plans a notice of inquiry on receiver standards, which has been before the agency for 20 years.
A lawsuit at the Court of International Trade filed by an individual who failed their customs broker license test was assigned to Judge Mark Barnett, in a Feb. 17 order. The case was filed by Shuzhen Zhong (see 220211002) without an attorney and requests a review of the six questions that Zhong appealed to CBP in the test. Zhong took particular issue with CBP's getting both her address and gender wrong when returning the results of her appeal. While no attorney is listed for Zhong, Luke Mathers of the Justice Department's International Trade Field Office appeared for the government (Shuzhen Zhong v. United States, CIT #22-00041).
Shipping company Planet Nine Private Air's counterclaims in a case on the company's alleged gross negligence in handling a hemp shipment should be "dismissed in their entirety," plaintiff We CBD said in a reply brief filed at the District Court for the Western District of North Carolina. We CBD argued that many of the claims are conclusory and do not allege any facts and will also be resolved during the litigation of We CBD's claims (We CBD v. Planet Nine Private Air, W.D.N.C. #21-00352)
CBP is requesting comments on new data elements meant to help with vetting members of the Customs-Trade Partnership Against Terrorism, it said in a notice. "Additional information is being collected based on CTPAT’s new vetting process as the prior vetting process was found to be insufficient in being able to identify violators," the agency said. "Not collecting this information would result in companies that are high risk for committing illegal activity to be allowed into, and continue to be part of, the CTPAT program." CBP’s National Targeting Center found the previous "vetting process to be ineffective in capturing high risk companies," resulting in such companies being "allowed to be CTPAT members and enjoy the many trade facilitation benefits of membership," it said.
The Court of International Trade agreed to interview three Italian witnesses in an ongoing challenge brought by Aida on the valuation of its entries of industrial stamping presses. On Feb. 14, Judge Stephen Vaden granted a joint request (see 2202140042) that had asked him to issue an order to appoint a commissioner authorized to take testimony in Italy and to issue a Letter of Request for International Judicial Assistance to local counsels in Italy representing both parties. The three witnesses possess specialized knowledge required in the case. Aida claims that CBP liquidated two entries based on an allegedly incorrect appraisal by Aida's customs broker in 2015. In order to move forward with the case, both Aida and the Department of Justice agreed that testimony regarding the value of the imported presses was required.
The Animal and Plant Health Inspection Service announced it will continue to allow importers to file electronic copies of phytosanitary certificates for plant commodities until Sept. 30, it said Feb. 14, as expected (see 2202070048). The agency had previously delayed the end the policy of accepting copies Jan. 1 (see 2112100059), before postponing again until March 31 (see 2112290032). The policy is in place to mitigate challenges from the COVID-19 pandemic. The National Customs Brokers & Forwarders Association of America asked for the latest extension. "Starting October 1, 2022, APHIS and U.S. Customs and Border Protection will accept only original phytosanitary certificates and forms for plant commodities," APHIS said.
The following lawsuits were filed at the Court of International Trade during the week of Feb. 7-13:
CBP will no longer process formal entry shipments through the Detroit-Windsor tunnel as of 8 a.m. on Feb. 16, CBP said. CBP allowed for such shipments to go through the tunnel while Ambassador Bridge was closed due to protestors. "This diversion, while necessary, created significant system, procedural and examination challenges for the trade, stakeholders and CBP to overcome," the agency told the National Customs Brokers & Forwarders Association of America. Starting Feb. 16, the tunnel "will no longer accept 'PAPS' (Formal Entry) shipments and will return to normal processing of very limited commercial traffic of 'Brass' and 'Informal' Entries," according an NCBFAA email and confirmed by a CBP spokesman.
Aida and the Department of Justice are seeking testimony from three Italian employees of Aida who possess specialized knowledge required in an ongoing case at the Court of International Trade concerning the proper value of six industrial stamping presses, they said in a joint request to Judge Stephen Vaden asking him to issue an order appointing a commissioner authorized to take testimony in Italy and to issue a Letter of Request to Aida's and DOJ's local counsels in Italy. In its initial complaint, Aida claimed that CBP liquidated two entries based on incorrect appraisal by Aida's customs broker in 2015. Aida challenged the appraised value of the items via a protest, which was denied in 2018. In order to move forward with the case, both Aida and DOJ agree that testimony regarding the value of the imported presses is required.