Winter 2023 Newsletter

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News from the Clerk of the Court

Federal Circuit and CIT Case Summaries

¡Customs Corner!

CITBA Comments on APO Proposed Rule

Book Announcement by CITBA Member Maria José Etulain Sórensen

Upcoming Events

Customs Committee Quarterly Meeting
January 25
12:00 to 12:30 PM EDT

Diversity, Equity & Inclusion Commitee Update
The Diversity, Equity & Inclusion Committee (DEIC) continue to focus on encouraging more law students from underrepresented groups to consider careers in international trade.  Last June, the DEIC, in collaboration with the Young Lawyers Committee, hosted our second virtual “Summer Trivia and Networking Night” for summer interns, clerks and associates.  In October, in collaboration with the American Society of International Law (ASIL) International Economic Law Interest Group, we hosted our third “Careers in Internships in International Trade, Customs, and Export Controls Law” panel presentation.  The panel was moderated by Roop K. Bhatti, Counsel to Commissioner Jason E. Kearns U.S. International Trade Commission and included the Honorable Jennifer Choe-Groves Judge, U.S. Court of International Trade; Alissa M. Chase International Trade Advisor AMS Trade LLP; Derick G. Holt, Partner, Wiley; Navpreet K. Moonga, International Advisor Dechert LLP, and Noma Ndlovu, International Trade Counsel, U.S. Senate Committee on Finance.  Following the panel presentation, the DEIC contacted all registrants to encourage them to consider CITBA membership and to review the recently updated careers resources section on the CITBA website. 
The DEIC has already begun brainstorming about our 2023 programming and are very excited about some new ideas.  We look forward to updating the broader CITBA membership on our efforts as we bring those ideas to fruition.
The DEIC has commenced the 2023 CITBA/ASIL Summer Fellowship Program, which provides financial assistance to promising students who otherwise might not be able to afford an international trade or economic law internship in the public or non-profit sector.  In the last two years the program has assisted seven students during their internships with Court of International Trade Judges, the DOJ International Trade Field Office, and the U.S. International Trade Commission.  The application deadline is March 15, 2023.  We are both proud and thankful that much of the funding for the fellowship program has come from donations from individual CITBA members.  The DEIC hope members will continue to donate to the CITBA/ASIL Summer Fellowship Program because the number of 2023 awards will depend on your donations. 
To donate to the 2023 CITBA/ASIL Fellowship, please go to the donation page on the CITBA website, and please indicate that your donation is for the “CITBA/ASIL Summer Fellowship Program.”
Tax deductible donations to the 2023 CITBA/ASIL Fellowship may be made through ASIL by clicking here.  On ASIL's website, you should select the Annual Fund option, and then in the dedication line, select “in honor of” and list the CITBA/International Economic Law Interest Group Fellowship.  Contributions may also be made by check or from a donor advised fund, and they can be mailed to: American Society of International Law | PO Box 79516 | Baltimore, MD 21279-0516.  When mailing a donation, please indicate that the donation is for the CITBA/ASIL International Economic Law Interest Group Fellowship.

International Trade Committee Update 
CITBA Board members participated in outreach efforts on procedural issues with Commerce’s APO/Dockets Unit and SES officials at the Commission.  Below are updates from each meeting.
Commerce meeting (November 10, 2022): 

  • Commerce highlighted issuance of draft rules proposing to adopt many of the pandemic regulations and to clean up recent circumvention and scope regulations
  • CITBA submitted comments on the proposed regulations on December 28, 2022.
  • CITBA proposed a possible parallel system to record/report APO amendments.
  • CITBA proposed creating a new document type for new circumvention requests (akin to the separate filing type for new petitions and new scope requests).
  • Commerce pointed out that it is making increased use of the “Announcements" portion of the ACCESS home page and recommended practitioners regularly check this page, especially any time‑sensitive announcements in red banner on top of page as well as new links on the “AD/CVD Reference Resources” section.
  • You need an appointment to review records (24‑hour notice) so CRU can ensure
  • staff is ready, but no advance notice needed for emergency manual filings.
  • If you intend to bring foreign nationals into the building for a meeting, you need to provide 24-hour advance notice.  Some meetings are occurring in building.

Commission meeting (December 12, 2022):

  • No paper filings indefinitely until further notice.  Continue to e‑file petitions, but please email to alert Docket that petitions are coming.
  • Confidential electronic service through EDIS is coming to Title VII in 2023, but for now, the Secretary will continue to send us APO releases through Box
  • Please keep EDIS accounts current (name changes, firm, address, phone).
  • Service lists:  currently found in EDIS (select “search,” “investigation search,” “inv. name,” “service list”).  Green is public version and orange is the APO version.  Service lists will be available from new IDS database.
  • Dockets is now open to public
  • New Investigations Database System (IDS) to launch on/after January 12
    •  Commission will eliminate or stop updating other parts of website
    • EDIS will remain official record and will continue to be used for filing
    • IDS is Boolean searchable public database of statistics on Unfair import, import injury, and general matters.  Will allow filtered searches of cases by product, country, votes, Commissioner, litigation history, etc.
    • Commission will set up some public training sessions/Q&A soon.
  • Coming soon:  dual authentication log‑in requirements for EDIS, required due to government required zero trust mandate.  Dockets will set up microfocus groups with the trade bar on this requirement soon.
  • Hearings, Staff Conferences:  default is now in person, with virtual participation only if provide good cause in advance (when file witness list, unless specified).  The Commission will require submitting written testimony by 4 pm on day before hearing b/c Commissioners really liked having that option during pandemic.
  •  Audits:  virtual audits occurred prior to pandemic and will continue to be an option, if not the default going forward.
  • Data collection in adequacy phase of investigations:  please use the new Excel worksheet for response to institution to minimize data entry errors.  For agriculture or other cases involving more than ten firms, please submit multiple Excel worksheets and a summary table.  If submitting combined response, list multiple law firms separated by semicolons on the form.

Career Opportunities:
Did you know that the CITBA website has a page dedicated to career resources and opportunities for those interested in Customs and International Trade? Visit our website to get information on career and internship listings, as well as general information about professional opportunities in Customs and International Trade. 

Past Events:

November 15, 2022: Careers In Customs
CITBA hosted a panel on Careers & Internships In International Trade, Customs, And Export Controls Law. The panelist their work, how they arrived at working in the Customs arena, and what they like (and dislike) most about their careers.

October 27, 2022: CITBA Semi-Annual Meeting
CITBA held its semi-annual meeting to attend to association business. All members of the association are invited to participate to the semi-annual meeting. We hope to see you there next year!

October 13, 2022: Careers & Internships In International Trade, Customs, And Export Controls Law
CITBA and the American Society of International Law (ASIL) presented a panel discussion about being an international trade or customs lawyer. Practitioners talked about the many opportunities in international trade law and how to start your career. As part of CITBA’s and ASIL’s commitments to a diverse trade bar, this event was geared towards law students and recent graduates from underrepresented groups.