President Donald Trump will likely turn to Section 301 to enact his plans for "reciprocal" tariffs, various trade lawyers told Trade Law Daily. Following the president's announcement of his reciprocal tariff plan, which will purportedly tackle "non-reciprocal trading arrangements" with many of the U.S.'s trading partners starting April 2, speculation ensued as to the precise scope of the tariffs and their legal bases.
North Macedonia formally accepted the World Trade Organization Agreement on Fisheries Subsidies on Feb. 28, bringing the number of countries that have accepted the deal to 91. The WTO needs 20 more countries to accept to get to two-thirds of the membership, the threshold for the agreement to take effect.
The EU General Court on Feb. 26 rejected the sanctions delisting application of Aleksandra Melnichenko, wife of sanctioned Russian billionaire Andrey Melnichenko.
The U.S. Court of Appeals for the Federal Circuit issued its mandate in a case on the Commerce Department's selection of a surrogate financial statement in a review of the antidumping duty order on steel nails from Oman (Mid Continent Steel & Wire v. United States, Fed. Cir. # 23-1039).
The Commerce Department placed an "undue emphasis on prefabrication" in a scope ruling on pencils in violation of its own regulations and case law, importer School Specialty said in a Feb. 27 brief at the Court of International Trade. Responding to claims from the U.S. and petitioner Dixon Ticonderoga Co., School Specialty said Commerce's "unreasonable fixation on 'prefabrication'" led the agency to "misjudge the true complexity and importance of the processing that occurs in the Philippines" (School Specialty v. United States, CIT # 24-00098).
The Commerce Department complied with the Court of International Trade's previous order telling the agency to accept a submission from antidumping duty respondent Grupo Simec that was previously rejected for being untimely, the trade court held on Feb. 28. Judge Stephen Vaden said the agency properly followed the court's instruction and reduced the 66.7% adverse facts available duty rate on Grupo Simec to zero percent.
World Trade Organization Deputy Director-General Angela Ellard urged WTO members to speed up their formal acceptance of the fisheries agreement "as much as possible" to show a commitment to the "multilateral trading system" and the "sustainability of our oceans," the WTO said. Speaking at the launch of the "OECD Review of Fisheries 2025" report, Ellard said she hopes the deal can be adopted at the UN Ocean Conference in June. Twenty-two more members must ratify the agreement before it can take effect.
The following lawsuit was recently filed at the Court of International Trade:
The International Trade Commission erred in finding "significant underselling" was the basis on which to determine that imports of frozen warmwater shrimp caused domestic industry harm and in finding the existence of only one domestic like product, trade group Indonesian Fishery Producers Processing and Marketing Association argued in a Feb. 26 complaint at the Court of International Trade (Indonesia Fishery Producers Processing and Marketing Association v. United States, CIT # 25-00035).
Exporter Kaptan Demir Celik Endustrisi ve Ticaret and petitioner Rebar Trade Action Coalition each contested an element of the Commerce Department's remand results in a case on the 2020 review of the countervailing duty order on Turkish rebar. In comments to the Court of International Trade laying out their disagreements, Kaptan challenged Commerce's use of a report from Colliers International as a benchmark in assessing the benefit Kaptan derived from the provision of land for less than adequate remuneration, while the coalition challenged the agency's finding that exemptions from Turkey's Banking Insurance and Transaction Tax were neither de jure nor de facto specific (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, CIT # 23-00131).