Responding to a request by the court, multiple parties filed four different briefs addressing the impact of Loper Bright on litigation regarding the use of a differential pricing analysis in a Canadian lumber review (Government of Canada v. United States, CIT Consol. # 23-00187).
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President Donald Trump's decision to eliminate the duty-free de minimis threshold for goods from China, issued as part of his 10% tariff hike on Chinese products, likely will face legal challenges due to the economic importance of the de minimis rule, customs attorney Lawrence Friedman told us. However, many questions remain on the precise scope of any resulting change, along with the legal theory underpinning it.
U.S. Court of Appeals for the Federal Circuit judges didn’t ask much as, on Feb. 3, Chinese exporters led by Carbon Activated Tianjin faced off against petitioners and the United States regarding the results of two administrative antidumping duty reviews on its activate carbon products. The exporters argued, among other things, that the Commerce Department used too narrow a category of product when selecting a surrogate value for the prices of an input (Carbon Activated v. United States, Fed. Cir. # 23-2135, 23-2413).
After President Donald Trump announced his sweeping tariff action on China under the International Emergency Economic Powers Act, as well as now-delayed IEEPA tariffs on Mexico and Canada, trade lawyers told us to expect the duties to be challenged in court. Matt Nicely, lead counsel in the ongoing case against tariffs imposed on China during Trump's first administration, said in an email that a legal challenge is coming, a sentiment echoed across the trade bar.
CBP reversed its finding that importer Scioto Valley Woodworking didn't evade the antidumping and countervailing duty orders on wooden cabinets and vanities from China, on remand at the Court of International Trade, finding that the evidence indicates the importer skirted the orders. CBP said that the contents of a "finished goods warehouse" owned by Alno Industry, Scioto's affiliated Malaysian supplier, and the "extent of operational control exercised by Scioto's and Alno's parent company," Qingdao Haiyan Group Co., prompted the reversal (American Kitchen Cabinet Alliance v. United States, CIT # 23-00140).
CBP unlawfully abused its authority by engaging in retaliation against employees of importer Eteros Technologies USA after the company succeeded at the Court of International Trade in overturning the agency's detention of its marijuana-related drug paraphernalia, Eteros alleged in a new complaint at the trade court (Eteros Technologies USA v. United States, CIT # 25-00036).
Parts of brake discs used in airplanes are "parts of an aircraft" and properly classified under Harmonized Tariff Schedule heading 8803, the Court of International Trade held on Jan. 30. Judge Mark Barnett said that since the parts are "used for no other purpose," require "no further processing prior" to their use in a brake disc and have "no other substantial commercial application," they should be classified as aircraft parts.
The Commerce Department must more fully explain its calculation methodology used to account for the differences in volumes of lumber purchased by exporter Les Produits Forestiers D&G and its affiliate, Les Produits Forestiers Portbec, from unaffiliated suppliers, the Court of International Trade held in a decision made public Jan. 29. Judge Mark Barnett said the U.S. failed to "clarify Commerce's decision-making" behind the calculation in the expedited countervailing duty investigation on softwood lumber products from Canada.
The Commerce Department reasonably found that holding company Siemens Gamesa Renewable Energy S.A. is an "exporter or producer" under its regulations in an antidumping duty investigation on wind towers from Spain, the Court of International Trade held on Jan. 28. Judge Timothy Stanceu said the agency appropriately considered the evidence and rejected petitioner Wind Tower Trade Coalition's position that Siemens Gamesa didn't have a role in the production of wind towers and, thus, didn't have to rescind the investigation on the company.
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