Winter 2024 Newsletter

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News from the Clerk of the Court

Federal Circuit and CIT Case Summaries

Articles


 



Upcoming Events

January 30, 2024 at 5:30 pm – 7:00 pm – Join CITBA, GATT DC (LGBT Professionals in International Trade), and Cassidy Levy Kent (USA) LLP for a panel discussion on customs enforcement priorities. Emily Simon, Deputy Executive Director for Regulations and Rulings at U.S. Customs and Border Protection (CBP), and other CBP officials will share their insights on a range of issues (e.g., forced labor) at the center of the agency’s focus and answer questions from the audience. A short wine and cheese networking reception will follow, hosted by Cassidy Levy Kent.  This is a virtual and in-person event (in-person at Cassidy Levy Kent, 900 19th Street NW, Fourth Floor, Washington, DC 20006).  For more information and to register, please visit the event page here.

February 8, 2024 – Join CITBA for our annual WINTERFEST! at the Canadian Embassy. 

February 16, 2024 at 9:00 am – First Annual James L. Watson Moot Court Competition at Howard University School of Law.  For further information, please see the announcement from the DEI Committee and the event page on the  CITBA website for more information.

CITBA Committee Announcements

¡Customs Corner!
Happy New Year from the Customs Committee! 
The new year is a time for many of us to take stock – including for agencies in their enforcement efforts and for companies in their compliance efforts.  Customs has expressed that collection of special duties will again be an enforcement priority in 2024.  With regard to AD/CVD duties, Customs issued a message in December indicating that it will begin using messaging with importers to flag entry summaries that are potentially noncompliant due to an omitted companion AD or CVD case number and/or use of an improper company-specific 10-digit AD/CVD case number.  In addition, with the continuation of the Section 232 actions on steel and aluminum, Customs announced on January 5 that, effective February 15, certain exclusions that are 95% or more utilized with be automatically deactivated.  Importers will need to file post-summary corrections to utilize the remaining volume on their exclusion.

DEI Committee
The DEI Committee will hold the first James L. Watson Moot Court Competition on
February 16, 2024.  The event provides junior/mid-level attorneys, and the law students who will assist them, an opportunity to argue a case before judges of the U.S. Court of International Trade (CIT) and the U.S. Court of Appeals for the Federal Circuit.  The event is named in honor of James L. Watson, who was one of the first Black American judges to serve on the CIT and will take place at Howard University Law School.  For more information, see the event page on the  CITBA website.
 
In October 2023, the DEI Committee held its third annual Careers and Internships in International Trade, Customs, Sanctions and Export Controls Law webinar.  The event was moderated by Nithya Nagarajan of Husch Blackwell and featured as panelists Patricia M. McCarthy from the Department of Justice, Darren Riley from Riley Trade Law, Ronalda Smith from Mowry & Grimson, Mai Der Shaw from Harley Davidson, and Jacinto Juarez from Regulations & Rulings at U.S. Customs and Border Protection.  Approximately 100 people participated (mostly students and young lawyers), with approximately 35 in person participants. 
 
In January 2024, the Committee will launch the 2024 CITBA/ASIL Summer Fellowship Program.  This will be the fourth year that the program has offered fellowships to assist 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 2023, three students received fellowships.

International Trade Committee
The U.S. International Trade Commission requests that CITBA members that practice before the Commission respond to a brief survey.  The Commission believes that it will take no more than 30 minutes to respond to the survey, which is intended to provide the Commission with input regarding the upcoming new edition of the Antidumping and Countervailing Duty Handbook.  No PIN or password is required for this survey.  Please use the following link:  https://analysis.usitc.gov/jfe/form/SV_diignYqRUPpVWmO.  The Commission will assess the aggregated feedback as it prepares the new edition of the handbook.  The Commission does not intend to contact survey recipients directly and requests that any questions be forwarded to Douglas Corkran, Associate Director of Investigations (Douglas.Corkran@usitc.gov).  The Commission requests that practitioners respond to the surveys by January 31, 2024.


Past Events

January 9, 2024 – January Members Only Speaker Series: Penalties For Misclassification And Best Practices with Jermeale Lewis-Johnson, CEO & Founder of Just Your Broker Inc.

November 14, 2023 – November Members Only Speaker Series: Interactions Of Brokers And Clients Regarding Prior Disclosures with Amadi Anene, DLA Piper.

November 9, 2023 – Related Party Valuation, hosted by CITBA, the Customs Lawyers Association, and King & Spalding.

November 7, 2023 – Preparing For Oral Argument – Tips For Success In The Courtroom, hosted by WilmerHale.  A panel of experienced oral advocates provided insights into the ways they prepare for oral arguments before the U.S. Court of International Trade and U.S. Court of Appeals for the Federal Circuit.  A recording of the panel can be found on the event recording portion of the CITBA website here.

October 25, 2023Have Gavel, Will Travel: A Special Session of the Court of International Trade to Honor Judge Jane A. Restani’s 40 Years of Service.  This event included several presentations highlighting significant parts of Judge Restani’s career and reflecting on Judge Restani’s exemplary service to the administration of justice.  It was followed by a reception in the Court’s library co-hosted by CITBA.  Please visit the CITBA website here for a letter from CITBA congratulating Judge Restani on her decades of service.

October 17, 2023 – October Members Only Speaker Series: Scope Determinations In AD & CVD Proceedings with Brendan Saslow, Blank Rome LLP