CIT Dismisses Suit on Illegal Mexican Fish Trade, Redesignates US Counterclaim in Customs Case

The Court of International Trade granted three conservation groups' bid to dismiss a suit seeking to compel the Interior Department to respond to a request to certify Mexico had not done enough to curb illegal fishing and trade of the totoaba fish, further threatening the endangered vaquita porpoise. The conservation groups and Interior reached a settlement in April, under which the agency made the certification, which allows the president to impose restrictions on trade with Mexico.

In a separate opinion, the trade court redesignated the government's counterclaim in a customs spat on boronized steel tubing. Judge Claire Kelly said there was no statutory basis for the U.S. to make a counterclaim in a customs case, reclassifying the government's claims as a defense. The U.S. is claiming the tubes, originally classified as duty-free U.S. goods returned after repairs, are correctly listed as steel tubes and subject to Section 301 duties.