The U.S. Court of Appeals for the Federal Circuit on July 30 granted the government's motion for an extension of time to file a reply brief in a case on whether the Commerce Department had adequate industry support to launch the antidumping duty investigations on oil country tubular goods from Argentina, Mexico, South Korea and Russia. However, the court said the motion is granted "to the limited extent that the United States’s response brief is due no later than" Aug. 4, noting that the reply brief is still due no later than Sept. 3 (Tenaris Bay City v. U.S., Fed. Cir. # 25-1382).
Two monosodium glutamate (MSG) importers told the Court of International Trade in a July 30 complaint that the Commerce Department unlawfully subjected MSG entries from Malaysia that used Chinese glutamic acid to the antidumping duty order on MSG from China retroactively (CPF Legacy v. United States, CIT # 25-00149).
All active judges at the U.S. Court of Appeals for the Federal Circuit on July 31 heard oral argument in the lead case on the legality of tariffs imposed under the International Emergency Economic Powers Act. The 11 judges peppered counsel for the government and the parties challenging the tariffs, which include five importers and 12 U.S. states, with questions about whether the statute authorizes tariffs at all; whether there are limits to that tariff authority, should it exist; and whether the major questions or non-delegation doctrines strip IEEPA of its ability to convey tariff authority (V.O.S. Selections v. Trump, Fed. Cir. # 25-1812).
The Court of International Trade on July 29 signed off on importer Briggs & Stratton's dismissal of its case on CBP's assessment of excess duties, taxes and fees on its engine parts and components (see 2301250071). The importer filed its notice of dismissal last month (see 2506270029). Briggs & Stratton brought the suit to argue that the duties were added due to clerical and technical errors. The case was previously dismissed for lack of prosecution, though the trade court re-added it to the court's docket after the company asked for relief (see 2502040015) Counsel for Briggs & Stratton didn't respond to a request for comment on the reason for dismissal (Briggs & Stratton Corp. v. United States, CIT # 23-00014).
The Court of International Trade on July 29 lifted its statutory injunction on the liquidation of exporter Siderca's entries of oil country tubular goods from Argentina after importers led by Tenaris Bay City asked the court to lift its injunction. Judge Claire Kelly noted that although the importers appealed the trade court's decision sustaining the Commerce Department's dumping determination, the appeal only concerns the agency's initiation of the investigation and the "continued existence" of the antidumping duty order (Tenaris Bay City Inc. v. United States, CIT # 22-00343).
Countervailing duty petitioner U.S. Epoxy Resin Producers Ad Hoc Coalition on July 25 filed a complaint at the Court of International Trade challenging the Commerce Department's CVD investigation into epoxy resins from South Korea. The six-count complaint challenged, among other things, Commerce's alleged failure to use world price benchmarks in calculating the benefit from the provision of epichlorohydrin, a key epoxy resin input, and the agency's decision not to investigate the provision of certain chemical inputs for less than adequate remuneration (U.S. Epoxy Resin Producers Ad Hoc Coalition v. U.S., CIT # 25-00147).
The Court of International Trade on July 29 denied importers Johanna Foods' and Johanna Beverage Company's application for a temporary restraining order against President Donald Trump's threatened 50% tariff on Brazil. Judge Timothy Reif held that the importers failed to show "a likelihood that immediate and irreparable harm would occur before the threatened August 1, 2025 tariff" (Johanna Foods v. Executive Office of the President of the United States, CIT # 25-00155).
The Court of International Trade's ruling that a product is "imported" for duty drawback purposes when it's admitted into a foreign-trade zone and not when entered for domestic consumption impermissibly repealed part of the Foreign Trade Zone Act, imported King Maker Marketing argued in its opening brief at the U.S. Court of Appeals for the Federal Circuit. The importer added that it's "both absurd and anomalous" to impose a time limit on the recovery of duties and taxes under the drawback scheme as "beginning to run before those duties and taxes are paid" (King Maker Marketing v. United States, Fed. Cir. # 25-1819).
A special committee of the U.S. Court of Appeals for the Federal Circuit found that Judge Pauline Newman's "continued refusal to cooperate with the Committee’s investigation" of her fitness to continue serving on the bench "constitutes continuing misconduct." Responding to the judge's motion for reconsideration and the committee's order to show cause regarding whether the CAFC Judicial Council should renew its one-year suspension of Newman from hearing cases, the committee recommended July 28 that the council extend the suspension for another year. The 98-year-old Newman had asked the council to reconsider her suspension.
The U.S. Court of Appeals for the Federal Circuit on July 28 issued its mandate in a case on the 2018-19 administrative review of the antidumping duty order on Italian pasta, remanding the review to the Court of International Trade (see 2506050021). The court said Commerce failed to account for the Food and Drug Administration's "mandated rounding rules on the protein content listed on the label" of U.S. pasta and the "different nitrogen-to-protein conversion factors used in calculating protein content" in the U.S. and Italy in comparing Italian and American products. Judges Alan Lourie, Alvin Schall and Kara Stoll said the agency improperly prioritized "transparency" over its statutory duty to compare physically identical products in an antidumping duty review (La Molisana v. United States, Fed. Cir. # 23-2060)