The Court of International Trade on July 8 dismissed importer PPG Industries' case against the International Trade Commission's affirmative injury determination on epoxy resins from China, India, South Korea, Taiwan and Thailand, for lack of prosecution. No complaint was filed within the statutorily prescribed period. Counsel for PPG didn't immediately respond to a request for comment (PPG Industries v. United States, CIT # 25-00101).
The U.S. Court of Appeals for the 9th Circuit set the oral argument date regarding two appeals against the legality of President Donald Trump's tariffs imposed under the International Emergency Economic Powers Act for Sept. 17. The 9th Circuit will be the second circuit court to hear arguments on the validity of the tariffs following the U.S. Court of Appeals for the Federal Circuit on July 31 (see 2506100076) (State of California v. Trump, 9th Cir. # 25-3493) (Susan Webber v. U.S. Department of Homeland Security, 9th Cir. # 25-2717).
The U.S. Court of Appeals for the Federal Circuit fielded a total of 20 amicus briefs regarding the lawsuit against the tariffs President Donald Trump imposed under the International Emergency Economic Powers Act, 18 of which supported the importers and U.S. states challenging the tariffs. The amicus briefs came from 191 current members of Congress, various business interests, former government officials, advocacy groups and economists (V.O.S. Selections v. Donald J. Trump, Fed. Cir. # 25-1812).
The Supreme Court's recent decision in Trump v. CASA limiting the ability for lower courts to issue nationwide injunctions doesn't affect the Court of International Trade's permanent injunction against President Donald Trump's executive orders implementing tariffs under the International Emergency Economic Powers Act, 12 U.S. states told the U.S. Court of Appeals for the Federal Circuit on July 8. The states, led by Oregon, argued in a reply brief that the trade court's injunction, which applied to parties not part of the lawsuit against the tariffs, is necessary to afford the states complete relief (V.O.S. Selections v. Donald J. Trump, Fed. Cir. # 25-1812).
The Court of International Trade in a confidential July 8 decision sustained the Commerce Department's remand results in a case on the 2021-22 review of the antidumping duty order on frozen warmwater shrimp from India.
Court of International Trade Judge Stephen Vaden resigned from the court on July 4 and was sworn in as deputy secretary of the Department of Agriculture on July 7. Vaden was confirmed by the U.S. Senate last month to serve in the number two role at USDA (see 2506120064).
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).