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

The following lawsuits were recently filed at the Court of International Trade:

The U.S. Supreme Court should deny the cert petition of ML Genius to review the 2nd Circuit U.S. Court of Appeals’ March 31 decision dismissing its breach-of-contract claim against Google because the Copyright Act preempts the claim, said Solicitor General Elizabeth Prelogar in an amicus brief Tuesday (docket 22-121). SCOTUS invited the solicitor general in December to file a brief expressing the views of the U.S. (see 2212130030), and Prelogar told the court Tuesday that further review isn’t “warranted.”

Any plaintiff in the massive Section 301 litigation looking to dismiss their case must comply with the court's rules to file a stipulation of dismissal signed by all parties who have appeared in the case, the Court of International Trade said in a text-only order. The court clarified that this rule, USCIT Rule 41(a)(1)(A)(ii), applies in the present action since the U.S. filed a Master Answer in the overarching test case, meaning the answer is considered to be filed in each Section 301 case "now pending or hereafter filed" in the court. Certain companies have begun dismissing their challenges to the China tariffs following the trade court's ruling that the Office of the U.S. Trade Representative did not violate the law when implementing them (see 2303170063) (In Re Section 301 Cases, CIT # 21-00052).

The high-profile House Select Committee on China is recommending that the de minimis threshold of $800 be reduced "with particular focus on foreign adversaries including the PRC."

The Customs Rulings Online Search System (CROSS) was updated May 22 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):

Importer DS Services on May 19 asked the Court of International Trade to dismiss a case it brought challenging the Office of the U.S. Trade Representative's decision not to reinstate a Section 301 tariff exclusion on water coolers even after the only opposing party on record withdrew its opposition comments. The company argued USTR violated the Administrative Procedure Act because the agency failed to both explain its decision and to back it with substantial evidence. USTR then requested a voluntary remand to reconsider (see 2209010023) but stuck by its decision in its December remand results (see 2212150043). DS Services declined to comment on the dismissal request (DS Services of America v. U.S., CIT # 22-00157).

International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.

The leaders of the House Foreign Affairs Subcommittee on the Indo-Pacific are trying to pass legislation to give the president the ability to respond to economic coercion of allies, but Chair Young Kim, R-Calif., asked witnesses at a subcommittee hearing she convened to advise what else could be done to stand up to China's economic aggression.

Although experts gathered to talk about what legislative initiatives a House select committee on China might recommend, and they did that, they couldn't resist speculating about what the Biden administration will do to confront China's broken promises to liberalize and open up. The program, organized by the Washington International Trade Association, was held May 19.