Five different groups of amici on July 8 filed briefs in the case before the U.S. Court of Appeals for the Federal Circuit on the legality of President Donald Trump's tariffs imposed under the International Emergency Economic Powers Act. All five briefs argued against the tariffs, though they differed in their specific approach or legal arguments (V.O.S. Selections v. Donald J. Trump, Fed. Cir. # 25-1812).
Five importers challenging the tariffs imposed under the International Emergency Economic Powers Act told the U.S. Court of Appeals for the Federal Circuit that the government's defense of the tariffs' legality falls short. The importers, represented by the conservative advocacy group Liberty Justice Center, argued that IEEPA categorically doesn't provide for tariffs, IEEPA is precluded from being used to address trade deficits due to the existence of Section 122, and the Court of International Trade was right to issue an injunction against the tariffs (V.O.S. Selections v. Donald J. Trump, Fed. Cir. # 25-1812).
The Commerce Department improperly found that U.S. company Aloha Pencil didn't qualify as a domestic manufacturer, producer or wholesaler, which led to the recission of the 2023-24 administrative review of the antidumping duty order on cased pencils from China, Aloha argued in a July 7 complaint at the Court of International Trade (Aloha Pencil Company v. United States, CIT # 25-00102).
Neal Katyal, former acting solicitor general in the Barack Obama administration, will argue against the legality of tariffs imposed under the International Emergency Economic Powers Act before the U.S. Court of Appeals for the Federal Circuit on July 31. The Liberty Justice Center, the conservative advocacy group that initially brought the case on behalf of various importers, tapped Katyal to argue the case at the Federal Circuit (V.O.S. Selections v. Donald J. Trump, Fed. Cir. # 25-1812).
The Court of International Trade on July 3 sustained CBP's finding that importers Newtrend USA, Starille and Nutrawave evaded the antidumping duty and countervailing duty orders on glycine from China via Indonesia-based exporter PT Newtrend Nutrition Ingredient. Judge Stephen Vaden said CBP adequately supported its finding that PT Newtrend's Indonesian factory couldn't produce all the glycine it shipped to the U.S. and that at least some of the exported glycine was sourced in China.
The Court of International Trade on July 3 denied the International Trade Commission's request to redact five pieces of information from the court's public version of its decision remanding the commission's affirmative injury determination on phosphate fertilizer from Morocco and Russia. Concurrently, Judge Stephen Vaden released the public decision, which said the record "raises serious questions about whether domestic producers were able and willing to supply consumers during the period of review."
Ghana formally accepted the World Trade Organization Agreement on Fisheries Subsidies on July 2, bringing the number of countries that have accepted the deal to 103. The WTO needs eight more countries to accept to get to two-thirds of the membership, the threshold for the agreement to take effect.
The U.S. Court of Appeals for the Federal Circuit on July 3 issued its mandate in a countervailing duty case concerning the Commerce Department's decision to countervail respondent Hyundai Steel's collection of berthing fees from third parties on a port it built for the South Korean government. The court upheld the Court of International Trade's decision sustaining Commerce's decision without an opinion (see 2505120018). At issue was Hyundai's contract with the South Korean government to build the Incheon North Harbor port, ownership of which reverted back to the government after construction was complete but with Hyundai receiving the right to collect fees from third-party users of the port as payment. At oral argument, the CAFC judges pressed Hyundai on whether the issue was settled in the court's 1999 ruling in AK Steel v. U.S., which upheld the decision to countervail exporter POSCO's exemptions from dockyard fees and collection of third-party fees at the Kwangyang Bay Industrial Estate port facility, which it built then transferred ownership of to the Korean government (see 2404080057) (Hyundai Steel Co. v. United States, Fed. Cir. # 24-1100).
The Court of International Trade on July 2 said in a text-only order it will hold oral argument on importer Detroit Axle's challenge of President Donald Trump's decision to eliminate the de minimis threshold for Chinese products via the International Emergency Economic Powers Act. While CIT Judges Gary Katzmann, Timothy Reif and Jane Restani stayed consideration of the importer's claims against the tariffs on China issued under IEEPA, the judges set a July 10 oral argument date for consideration of the company's motion for a preliminary injunction against the end of the de minimis threshold (Axle of Dearborn, d/b/a Detroit Axle v. Dep't of Commerce, CIT # 25-00091).
The Court of International Trade on July 3 let importer Bridgestone Americas Tire Operations add three documents to the record in a case on the Commerce Department's antidumping duty investigation on truck and bus tires from Thailand. Judge Gary Katzmann said the documents are needed to review whether Commerce improperly declined to add the documents to the record in the AD investigation.