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.
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 in a recent and highly anticipated opinion ruled that CBP cannot consider a country's non-market economy status when deciding whether to grant first sale treatment to a transaction (see 2208110060). The case, brought by importer Meyer Corp., now heads back to the Court of International Trade, which will hear arguments over how to appraise cookware imported by Meyer. John Peterson, counsel for Meyer, told Trade Law Daily that he is considering two options when the case gets back to the trade court: seek a retrial or mediation.
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 Commerce Department should accept an exporter's evidence of entries to establish a separate rate in an antidumping duty case, or else conclude that it had no shipments and not review the company, the exporter, Ningbo Qixin, argued in an Aug. 18 reply brief to the U.S. Court of Appeals for the Federal Circuit (Canadian Solar International, et al. v. U.S., Fed. Cir. # 20-2162).
The U.S. Court of Appeals for the Federal Circuit ruling to overturn a Court of International Trade decision that called into question the use of first sale treatment for imported goods involving non-market economy countries (see 2208110060) is largely seen as providing a welcome relief to importers, several law firms said. "For those importers enjoying the benefits of lower declared values and duties, particularly from China in light of Section 301 tariffs, there is no longer a need for concern now that, on appeal, the court has given first sale a nod," Sandler Travis lawyer Lenny Feldman said on a podcast. The original CIT decision (Meyer Corporation v. U.S., Fed. Cir. #21-1392) raised some concerns for the future of first sale treatment (see 2104200028).
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 five-year statute of limitations for fraudulent civil penalty enforcement action in the Court of International Trade might begin to run from the date the government is sufficiently on notice rather than on the date of documented confirmation, Greenlight Organic, Inc. and Parambir Singh Aulakh argued in an Aug. 12 motion for an interlocutory appeal to the U.S. Court of Appeals for the Federal Circuit to decide the statute of limitations issue (U.S. v. Greenlight Organic and Parambir Singh Aulakh, CIT #17-00031).
Minor issues in reporting home market sales in an antidumping duty administrative review don’t rise to the level that would justify an adverse facts available margin for an exporter’s large power transformers from South Korea, nor does the exporter’s purported lack of cooperation in a previous year’s administrative review give Commerce leeway to apply AFA, the U.S. Court of Appeals for the Federal Circuit ruled Aug. 11.
The U.S. Court of Appeals for the Federal Circuit should not grant a rehearing petition to Hitachi in an antidumping duty case, argue both the U.S. government and defendant-appellant Hyundai in two separate Aug. 9 responses at CAFC (Hitachi Energy USA v. U.S., Fed. Cir. #20-2114).