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.
DOJ attorney Tara Hogan submitted a letter to the U.S. Court of Appeals for the Federal Circuit correcting a statement she made during March 7 oral argument in a countervailing duty case on ripe olives from Spain (Asociacion de Exportadores e Industriales v. U.S., Fed. Cir. # 23-1162).
Honeywell, an importer of chordal, radial and web brake segments used in aircraft wheel and brake assemblies, said in a March 5 motion for judgment that its goods were classifiable under Harmonized Tariff Schedule heading 8803 rather than heading 6307, as CBP ruled (Honeywell International Inc. v. U.S., CIT # 17-00256).
The U.S. Court of Appeals for the Federal Circuit on March 7 said that importer RKW Klerks' net wraps products, used in a machine to bale harvested crops, are not "parts" of harvesting machinery under the Harmonized Tariff Schedule. Judges Richard Taranto, Raymond Chen and Tiffany Cunningham thus sided with CBP's classification of the products as "warp knit fabric," dutiable at 10% under HTS subheading 6005.39.00.
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 last week issued guidance on "allowable and unallowble counsel scheduling conflicts" with oral argument sessions, clarifying that the list is non-exhaustive. The guidance said the three key requirements needed for a showing of "good cause" in rescheduling oral arguments are "certainty," in that the "conflict is already scheduled"; "specificity"; and "strong basis," which means the conflict must be for a "strong reason" and can't be easily "resolved or rescheduled."
Just as the Court of International Trade ruled, the U.S. Court of Appeals for the Federal Circuit can hear a Chinese diamond sawblade exporter’s case on a new issue arising from a separate rate determination even though CAFC has already decided a previous case regarding that same determination, an importer said Feb. 28 (China Manufacturers Alliance, LLC v. U.S., Fed. Cir. # 23-2391).
The Solar Energy Industries Association argued that the U.S. Court of Appeals for the Federal Circuit used the "right tools" of statutory construction to answer the "wrong question" of agency deference in sustaining President Donald Trump's revocation of a tariff exclusion for bifacial solar panels. Filing a response on Feb. 28 to the government's opposition to SEIA's rehearing en banc motion, the industry group said that the U.S. didn't dispute, and "thus concedes," that the Maple Leaf deferential standard is "deeply out of step" with the law set by the Supreme Court, CAFC and other circuit courts (Solar Energy Industries Association v. United States, Fed. Cir. # 22-1392).
Solar cell maker Auxin Solar and solar module designer Concept Clean Energy responded to the U.S. motion to dismiss their suit challenging the Commerce Department's pause of antidumping and countervailing duties on solar cells and modules from Southeast Asian countries found to be circumventing the AD/CVD orders on these goods from China (see 2401230040) (Auxin Solar v. United States, CIT # 23-00274).
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.