The Commerce Department must reconsider its decision to use a simple average to calculate the pooled standard deviation when using the Cohen's d test in its differential pricing analysis to target "masked dumping," the U.S. Court of Appeals for the Federal Circuit said in an April 21 opinion. Ruling that Commerce strayed from the statistical literature without a proper explanation, Judges Pauline Newman, Alan Lourie and Richard Taranto said the agency should reconsider whether a weighted average for calculating the Cohen's d denominator is more appropriate.
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.
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.
Decisions by a single port of entry cannot act as the basis for claims of an established treatment nationally by CBP for customs purposes, DOJ told the Court of International Trade in a brief filed March 29. In a tariff classification challenge brought by Kent International related to bicycle seats, DOJ said CBP New York/Newark's granting of protests doesn't establish a treatment that required notice and comment before CBP Long Beach classified the bicycle seats in a different subheading (Kent International Inc. v. United States, CIT #15-00135).
The Supreme Court of the U.S. declined to take up a key case over the president's power under the Section 232 national security tariff statute. Rejecting a petition from importer Transpacific Steel and several other companies, SCOTUS in effect upheld a U.S. Court of Appeals for the Federal Circuit decision that said that the president can increase tariffs under Section 232 beyond procedural time limits.
The U.S. Court of Appeals for the Federal Circuit denied antidumping duty petitioner Welspun Tubular's request for a stay of its mandate during the company's appeal to the Supreme Court. In a March 23 order, Judges William Bryson and Todd Hughes rebuffed both of Welspun's arguments, which claimed that the company would suffer irreparable harm without a stay and that there's a reasonable shot the Supreme Court will reverse the appellate court's judgment (Hyundai Steel Company v. United States, Fed. Cir. #21-1748).
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.