President Donald Trump may look to ramp up his use of sections 232 and 301 should the Supreme Court rule that the International Emergency Economic Powers Act can't be used for levying tariffs, various lawyers told us. However, the expanded use of these statutes, both as they are being used now and how they may be used to supplant the existing reciprocal and fentanyl trafficking tariffs, may encounter legal difficulties.
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The U.S. Court of Appeals for the Federal Circuit on Nov. 17 held that five types of medical foods imported by Nutricia North America are properly classified as "medicaments" and not as "food preparations." Judges Sharon Prost, Richard Taranto and Leonard Stark overruled the Court of International Trade's decision, which came to the opposite conclusion, finding that Nutricia's products are properly found to be medicaments under duty-free Harmonized Tariff Schedule subheading 3004.50.5040.
The Commerce Department reasonably decided not to attribute subsidies provided to Nur Gemicilik, an affiliated input supplier of countervailing duty respondent Kaptan Demir, to Kaptan itself in the 2018 CVD review on Turkish rebar, the U.S. Court of Appeals for the Federal Circuit held on Nov. 17. Judges Raymond Chen, Richard Linn and Todd Hughes said Commerce properly identified that the unprocessed steel scrap Nur provided Kaptan was a "common input" and that the agency didn't place undue weight on consideration of Nur's main business activity.
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DOJ trial attorney Kyle Beckrich has left the agency, he announced on LinkedIn. Beckrich worked at DOJ for over six years, often arguing trade cases before the Court of International Trade and U.S. Court of Appeals for the Federal Circuit. Beckrich, who was based in Washington, D.C., said he's returning to Texas to enter private practice.
International trade boutique firm Lighthill added two new attorneys, the firm announced on LinkedIn. Natalie Zink, former staff attorney at the Commerce Department, joined Lighthill to work on antidumping and countervailing duty matters and customs compliance issues. Zink was at Commerce from 2020 to 2022 and most recently worked at Schulz Trade Law as an associate attorney. In addition, former immigration attorney Pablo Aponte Rojas joined Lighthill, where he will center his practice on maritime law, customs and trade remedies. Aponte Rojas operated his own immigration law firm starting in 2023.
Matt Rosenbaum, former senior counsel with the Bureau of Industry and Security, has joined Holland & Knight's international trade group, the firm said this week. Rosenbaum left BIS in October after joining the agency in January 2024.
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