Jacob Kopnick

The U.S. said it has a "better right than" Southwest Airlines does to Customs Passenger Processing Fees paid by individual passengers that cancel their tickets and never receive a refund or fail to use a travel credit. Filing a reply brief at the Court of International Trade on Oct. 24, the government argued that this specific situation "results in an unfair enrichment rather than the return of the customs inspection fee to the customer" (Southwest Airlines Co. v. United States, CIT # 22-00141).

The following lawsuit was recently filed at the Court of International Trade:

The Singaporean corporations that owned and operated the vessel that destroyed the Francis Scott Key Bridge in Baltimore will pay $101,980,000 to settle the government's civil claim against the companies for "costs borne in responding" to the bridge's collapse, DOJ announced on Oct. 24. The U.S. sought over $103 million under the Rivers and Harbors Act, Oil Pollution Act and general maritime law (see 2409190042). DOJ said the money will go to the U.S. Treasury and various federal agencies "directly affected" by the collision or involved in the response. The settlement doesn't include costs for reconstructing the bridge, since those efforts will be led by the State of Maryland (In the Matter of the Petition of Grace Ocean Private Limited, D. Md. # 24-00941).

Turkish state-owned bank Halkbank is not shielded from "common-law foreign sovereign immunity" in the U.S. government's suit against the bank for sanctions evasion, the U.S. Court of Appeals for the 2nd Circuit said earlier this week, ruling that the U.S. may prosecute it on charges that it helped Iran evade U.S. sanctions (United States v. Turkiye Halk Bankasi, 2nd Cir. # 20-3499).

Chinese lidar company Hesai Technology will meet with the U.S. to discuss next steps in the company's lawsuit against its designation as a Chinese military company after the Pentagon removed the firm from its list of companies with ties to China's military but immediately relisted it (see 2410230018). DOD relisted the company "based on the latest information available" (Hesai Technology Co. v. U.S. Department of Defense, D.D.C. # 24-01381).

The Court of International Trade in a decision made public Oct. 23 sustained the Commerce Department's rejection of eight Section 232 steel tariff exclusion requests from importer Seneca Foods Corp. on its tin mill product entries. Judge Gary Katzmann said the rejections were backed by substantial evidence and in line with agency practice.

The Court of International Trade this week announced that amendments to four court rules will become effective Nov. 8. The court said it approved the changes earlier this month.

The EU General Court on Oct. 23 annuled the sanctions listing of Vladimir Gheorghe Plahotniuc a former member of Moldova's Parliament, who was listed for allegedly committing bank fraud and bribing the former president of Moldova in exchange for political favors.

The U.S. and importer Katana Racing jointly moved to refer a customs penalty suit to court-annexed mediation before the Court of International Trade following the court's recent decision rejecting Katana Racing's renewed motion to dismiss. The parties said in light of the decision, they "believe that resolution to this litigation could potentially be reached through court-annexed mediation" (U.S. v. Katana Racing, CIT # 19-00125).

NEW YORK -- Three judges at the Court of International Trade offered tips to practitioners arguing before the court during an event at the court's judicial conference earlier this month. Judges Jennifer Choe-Groves, Claire Kelly and Gary Katzmann discussed tips for brief writing, oral argument and filing extension requests, laying out personal preferences and common areas where counsel goes wrong.