Court of Federal Appeals Trade activity

The U.S. Court of Appeals for the Federal Circuit recently upheld a lower court decision that found the Commerce Department correctly applied adverse facts available to a Mexican exporter after it submitted corrected cost data without adequate information in an antidumping duty administrative review.

The U.S. Court of Appeals for the Federal Circuit recently upheld a lower court decision that found the Commerce Department correctly applied adverse facts available to a Mexican exporter after it submitted corrected cost data without adequate information in an antidumping duty administrative review.

The U.S. Court of Appeals for the Federal Circuit extended until May 31 limited access to the National Courts Building complex in Washington, D.C., an April 27 notice said. Building access will be limited to court staff, but requests for access will be assessed case by case provided they are submitted in writing at least 24 hours before the intended visit. Access has been curtailed during the COVID-19 pandemic.

The U.S. Court of Appeals for the Federal Circuit on April 26 upheld a recent lower court ruling that found an active pharmaceutical ingredient imported by Janssen Ortho eligible for duty-free treatment. In line with a February 2020 Court of International Trade decision, the Federal Circuit found darunavir ethanolate, the active ingredient in a Janssen HIV medication, is encompassed by a listing in the tariff schedule's Pharmaceutical Appendix for darunavir.

Judge Kimberly Moore will become the next chief judge of the U.S. Court of Appeals for the Federal Circuit on May 22, the court announced in an April 21 press release. Moore, a President George W. Bush appointee in 2006, will succeed Chief Judge Sharon Prost, who has served in the role of chief judge since 2014. Prost will be statutorily unable to serve in the position when her seven-year term ends in May, a few days before her 70th birthday. The law requires the chief judge of the Federal Circuit to be under 64 years of age when assuming the role.