Andrew Dhuey, a patent attorney and court-appointed amicus, asked the U.S. Court of Appeals for the Federal Circuit this week for permission to take part in the oral argument in a case on former Court of International Trade Judge Stephen Vaden's decision not to redact information deemed confidential by the International Trade Commission. Dhuey noted that a motions panel at the CAFC previously said his right to participate in oral argument shall be decided by the merits panel, and that the now-assigned merits panel has yet to issue a decision on the amicus' right to take part in the hearing (In Re United States, Fed. Cir. # 24-1566).
The U.S. opened a customs penalty suit last week against wire garment hanger importer LGA Trading and its director, Galo Goya, at the Court of International Trade, seeking over $3.1 million as a penalty for negligence and over $1.9 million in unpaid duties (United States v. LGA Trading, CIT # 25-00214).
The likelihood of the Supreme Court striking down President Donald Trump's tariffs issued under the International Emergency Economic Powers Act is a "coin flip," various attorneys said during a Sept. 30 webinar hosted by The Budget Lab, a policy research center at Yale University. Scott Lincicome, vice president of general economics at the Cato Institute, an amicus in the IEEPA tariffs cases, noted a "very clear split" among trade lawyers and constitutional lawyers as to where the Supreme Court will come out on this issue.
Exporter Camel Group filed its motion for judgment against the Forced Labor Enforcement Task Force's decision not to remove the company from the Uyghur Forced Labor Prevention Act Entity List, arguing that the decision wasn't backed by substantial evidence or supported by a reasoned explanation. Camel said FLETF used the wrong standard of review in assessing its petition for removal from the UFLPA Entity List, arguing that the task force should have used a "preponderance of the evidence" standard instead of a "reasonable cause to believe" standard" (Camel Group v. United States, CIT # 25-00022).
The EU will appeal a World Trade Organization panel report in Indonesia's case against the EU's countervailing duties on Indonesian biodiesel to the defunct Appellate Body, the EU reported at the Sept. 26 meeting of the Dispute Settlement Body. The appeal effectively ends the dispute, since there's no Appellate Body division that will be able to hear the case due to vacancies on the Appellate Body.
The U.S. asked the Court of International Trade on Sept. 29 for a voluntary remand in a case on the 2022 administrative review of the countervailing duty order on wooden cabinets and vanities from China regarding the use of adverse facts available relating to China's Export Buyer's Credit Program. The government said the Commerce Department's decision to use AFA on sales made by the respondent to U.S. customers who verified they didn't use the EBCP is inconsistent with the trade court's prior rulings on the program, which have bucked the use of AFA for U.S. buyers who have provided such verification (The Ancientree Cabinet Co. v. United States, CIT # 24-00223).
Counsel for the Blackfeet Nation members challenging the imposition of tariffs on Native Americans asked the Supreme Court for leave to participate in the Nov. 5 oral argument session on the legality of tariffs imposed under the International Emergency Economic Powers Act. The members' attorney, Monica Tranel, asked for 15 minutes to argue her case during the hearing, saying her claim that the president can't impose tariffs on Native Americans isn't "addressed by the other parties" (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
The Commerce Department on Sept. 26 stuck with its valuation of solar glass, an input in solar cells, and altered its adverse facts available calculations in remand results submitted to the Court of International Trade in a case on the 2019-20 administrative review of the antidumping duty order on solar cells from China. The result left the AD rates for respondents Jinko Solar and Risen Energy unchanged, with Jinko receiving a 20.99% rate and Risen getting a 12.24% rate (Jinko Solar Import and Export Co. v. United States, CIT Consol. # 22-00219).
Countervailing duty petitioner Titan Tire dropped its case on the 2022 administrative review of the countervailing duty order on pneumatic off-the-road tires from India, according to a stipulation of dismissal filed at the Court of International Trade on Sept. 26 (Titan Tire Corp. v. United States, CIT # 24-00207).
The Supreme Court on Sept. 24 granted the government's request for permission to use up to 3,000 additional words in its reply brief in the cases on the legality of tariffs imposed under the International Emergency Economic Powers Act. Chief Justice John Roberts approved the application for 9,000 total words (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).