Trade Law Daily is providing readers with the top stories from last week in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The U.S. Court of Appeals for the Federal Circuit revised its Internal Operating Procedures Feb. 18, changing several of its rules. Alterations were made to its procedures for merits panels, briefs and hearings in cases using protective orders, panel conferences, the disposition of cases and en banc hearings and rehearings. For en banc rehearings, the court laid out the steps to be taken under which the rehearing poll is withdrawn. A poll is typically issued to the active judges for them to vote on whether a case should be given a full court hearing or rehearing. The Federal Circuit also updated its procedures for precedential and non-precedential opinions. Now, instead of sending non-precedential opinions to the administrative services office for copying and delivering to the clerk, the opinions will be sent directly to the Clerk's Office for issuance. For precedential opinions, the judges who wrote the decision will now circulate any and all opinions to the full court as opposed to each judge. If the panel of a case wants to make "major substantive changes" to an opinion in circulation, "it shall withdraw the opinion from circulation and recirculate the altered opinion to the full court for a new 10-day circulation period," the CAFC said.
Trade Law Daily is providing readers with the top stories from last week in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
There is no exception for business confidential information to the requirement that CBP provide a company subject to an antidumping duty and countervailing duty evasion investigation access to the evidence on which the agency relies, importer Royal Brush told the U.S. Court of Appeals for the Federal Circuit in a Feb. 4 opening brief. CBP's denial of Royal Brush's access to the BCI in the Enforce and Protect Act investigation violated its due process rights and created a "flawed process for adjudicating complaints of duty evasion," the brief said (Royal Brush Manufacturing Inc. v. United States, Fed. Cir. #22-1226).
Trade Law Daily is providing readers with the top stories from last week in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The Court of International Trade in a Jan. 21 order denied California Steel Industries' and Welspun Tubular's bid for a stay in a case over the Commerce Department's final results in the third administrative review of the antidumping duty order on welded line pipe from South Korea. CSI and Welspun wanted a stay while the U.S. Court of Appeals for the Federal Circuit mulls whether Commerce can make a particular market situation adjustment to the cost of production in the sales-below-cost test. CIT said CAFC already ruled against the practice, so the trade court can't be certain that granting the stay would "serve any purpose other than" to just delay resolution of the case.
Just because Section 232 tariffs are placed in Chapter 99 of the Harmonized Tariff Schedule, this doesn't make them remedial tariffs, the Department of Justice told the U.S. Court of Appeals for the Federal Circuit in a Jan. 14 brief. The tariffs also aren't temporary, don't count as a double remedy and can be deducted from an antidumping duty respondent's export price, the brief said (Borusan Mannesman Boru Sanayi ve Ticaret v. U.S., Fed. Cir. #21-2097).
The Court of International Trade improperly applied the "dual burden of proof" when it denied Meyer Corp. "first sale" valuation on its imports of cookware, Meyer told the U.S. Court of Appeals for the Federal Circuit in a Jan. 10 reply brief. The dual burden of proof practice was previously eliminated, so CIT improperly applied this standard when it denied Meyer first sale but sustained CBP's valuation of the imports based on their second sale rate, Meyer said (Meyer Corporation v. United States, Fed. Cir. #21-1932). "Despite its prodigious length (120 pages), the CIT's opinion consists mainly of a recitation of the parties' proposed post-trial findings and contains very little by way of legal analysis," the company said.
The U.S.Court of Appeals for the Federal Circuit shouldn't strike down President Donald Trump's extension of Section 232 steel and aluminum tariffs onto "derivative" products made beyond procedural deadlines since the tariffs had a positive impact on the U.S. industry, The American Steel Nail Coalition said in Jan. 10 proposed amicus brief. The coalition asked the court for leave to file the amicus brief in a bid to broaden the defense of the president's tariff action. The proposed amicus further said that this issue has already been decided following the Federal Circuit's decision in the key case Transpacific Steel v. U.S. (PrimeSource Building Products v. United States, Fed. Cir. #21-2066).
Trade Law Daily is providing readers with the top stories from last week in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.