The Ninth Circuit Court of Appeals has upheld a $26 million fraud verdict against a pipe importer for violating the False Claims Act (FCA) by making false statements on customs forms to avoid paying antidumping duties on Chinese-made pipe fittings. The court rejected the importer’s argument that the Tariff Act provides the exclusive remedy for
USTR Proposes Modifications to Section 301 Actions on Chinese Vessels and Maritime Transport Operators
On June 12, the Office of the U.S. Trade Representative (USTR) proposed two modifications to its April 17 announcement of actions under Section 301, which are scheduled to take effect starting on October 14, 2025. The actions aim to counter China’s dominance in the maritime sector.
The first proposed modification would revise the method for…
CAFC Maintains President Trump’s IEEPA Tariffs Pending Final Decision
On June 10, 2025, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a stay keeping both tranches of President Donald Trump’s tariffs implemented under the International Emergency Economic Powers Act of 1977 (IEEPA) (50 U.S.C. § 1701 et seq.) in effect until final adjudication by the appellate court. The per curiam (…
CIT Enjoins IEEPA Tariffs but CAFC Issues Temporary Stay – Analysis & Recommendations
- On May 28, the U.S. Court of International Trade (CIT) permanently enjoined tariffs imposed by President Donald Trump under the International Emergency Economic Powers Act (IEEPA), finding that he exceeded statutory and constitutional authority by imposing broad tariffs on imports from China, Canada, Mexico, and other countries.
- The CIT held that IEEPA does
Second Federal Court Determines IEEPA Tariffs Likely Invalid
On May 29, 2025, the U.S. District Court for the District of Columbia (USDC-DC) issued a preliminary injunction ruling staying the imposition of President Donald Trump’s use of the International Emergency Economic Powers Act (IEEPA). This preliminary injunction applies to tariffs that would be paid by the two named plaintiffs – Learning Resources, Inc. and…
After CIT Blocks President Trump’s IEEPA Tariffs, CAFC Stays Order Pending Review of the CIT’s Judgment and Injunction
On May 29, 2025, the Court of Appeals for the Federal Circuit (CAFC) stayed the decision of the Court of International Trade (CIT) from the previous day, which had vacated both tranches of President Donald Trump’s tariffs implemented under the International Emergency Economic Powers Act of 1977 (IEEPA) (50 U.S.C. § 1701 et seq.). President…
Top Five Takeaways from DOJ’s Newest Guidance for Investigation & Prosecution of White Collar Crimes
By Samir D. Varma on
On May 12, the U.S. Department of Justice (DOJ) issued updated policy memoranda relating to the investigation and prosecution of white collar crimes, including its White-Collar Enforcement Plan, Revised Corporate Enforcement and Voluntary Self-Disclosure Policy, Memorandum on Selection of Monitors in Criminal Division Matters, and the Criminal Division’s Corporate Whistleblower Awards Pilot Program Revisited. These…
Commerce Rescinds Biden Administration’s AI Diffusion Rule
On May 13, 2025, the Department of Commerce announced that it was rescinding a January 15, 2025 Interim Final Rule that revised the controls under the Export Administration Regulations (EAR) on advanced computing integrated circuits (ICs) and added a new control on artificial intelligence (AI) model weights for certain advanced closed-weight dual-use AI models. See…
China and the United States Agree to Temporarily Lower Tariff Rates
- The United States will (i) modify the application of the additional ad valorem rate of duty on
DOJ Files False Claims Act Complaint Against Barco Uniforms and Affiliates for Alleged Underpayment of Customs Duties
On April 18, 2025, the U.S. Department of Justice (DOJ) announced the filing of a civil complaint against Barco Uniforms Inc., its executives Kenny and David Chan, and several affiliated companies. The complaint alleges violations of the False Claims Act (FCA) through a scheme to underpay customs duties on imported apparel. The case, originally filed…