Scott McBride, a former longtime official at the Commerce Department overseeing the administration of antidumping and countervailing duty laws, has joined The Bristol Group as counsel, the firm announced. McBride served at Commerce for over 25 years, most recently as associate deputy chief counsel for trade enforcement and compliance. He told us he stayed over the last few years to oversee the agency's major regulatory changes to its AD/CVD administration, which included the ability to address transnational subsidies (see 2505020067), then recently decided to take early retirement.
The following lawsuit was filed recently at the Court of International Trade:
The Court of International Trade sustained in part and remanded in part the Commerce Department's second remand results in a suit on the 2016-17 review of the antidumping duty order on passenger vehicle and light truck tires from China in a confidential May 21 order. Judge Mark Barnett sent back Commerce's selection of exporter Shandong Linglong Tyre as a mandatory respondent and the agency's decision to rescind Linglong's separate-rate status (YC Rubber Co. (North America) v. United States, CIT Consol. # 19-00069).
The U.S. District Court for the Northern District of Florida on May 20 transferred a case challenging certain tariffs imposed under the International Emergency Economic Powers Act to the Court of International Trade. Judge T. Kent Wetherell largely rested his decision on Yoshida International v. U.S. -- the nearly 50-year-old decision sustaining President Richard Nixon's 10% duty surcharge imposed under the Trading With the Enemy Act, IEEPA's predecessor (Emily Ley Paper d/b/a Simplified v. Donald J. Trump, N.D. Fla. # 3:25-00464).
The Court of International Trade on May 21 held a second hearing in as many weeks on the legality of tariffs imposed under the International Emergency Economic Powers Act. The same three judges, Jane Restani, Gary Katzmann and Timothy Reif, pressed both the government and counsel for 12 U.S. states challenging all IEEPA tariff actions on whether the statute allows for tariff action, as well as whether the courts can review if the declared emergencies are "unusual and extraordinary" and the extent to which the case is guided by Yoshida International v. U.S. (The State of Oregon v. Donald J. Trump, CIT # 25-00077).
Russia opened a World Trade Organization dispute on May 19 against the EU's carbon border adjustment mechanism, arguing that the mechanism violates various provisions of the General Agreement on Tariffs and Trade 1994. Russia's request for consultations also covered the EU's scheme for greenhouse gas emissions allowances trading within the EU.
The following lawsuit was filed recently at the Court of International Trade:
Exporter Dongkuk S&C Co. on May 20 dropped its antidumping duty case at the Court of International Trade, filing a stipulation of dismissal at the court. The exporter filed the case to challenge the Commerce Department's 2020-21 review of the AD order on utility scale wind towers from South Korea. Counsel for Dongkuk didn't immediately respond to a request for comment (Dongkuk S&C Co. v. United States, CIT # 23-00075).
The U.S. told the U.S. District Court for the District of Columbia that the Court of International Trade's recent hearing in the lead case on the use of International Emergency Economic Powers Act to impose tariffs bolsters its bid to transfer a similar case in the D.C. court to the trade court (Learning Resources v. Trump, D.D.C. # 25-01248).
Counsel for four members of the Blackfeet Nation tribe challenging certain tariff action taken by President Donald Trump said the Supreme Court's recent decision in AARP v. Trump supports its interlocutory appeal of a Montana district court's decision to transfer the case to the Court of International Trade (Susan Webber v. U.S. Dep't of Homeland Sec., 9th Cir. # 25-2717).