Goodwin Insights April 22, 2020

Administrative Updates

The Commission’s response to the coronavirus outbreak is certainly notable.  The Commission remains open for business, but various precautions are being taken to assure social distancing and other safety measures are maintained.  Cases scheduled for hearing between March and May have been pushed back.  The situation is fluid and we will be watching to see when in-person events can resume. The Commission’s most up to date guidance on its handling of the global pandemic can be found here

The Court of International Trade currently has an interesting dispute in Writgen vs. Department of Homeland Security (Case No. 20-00027). There, Writgen had purported design arounds that allegedly fall outside the scope of a limited exclusion order. Those design arounds, however, were blocked by customs and Writgen’s custom protests were also denied. Writgen filed a complaint with CIT seeking release of its design around products for importation. Customs is arguing that the CIT does not have jurisdiction to overrule customs’ decisions on protests.