The U.S. Court of Appeals for the 9th Circuit refused to stay two cases on the legality of tariffs imposed under the International Emergency Economic Powers Act. The U.S. asked for a stay in both appeals, one brought by the State of California and the other by members of the Blackfeet Nation indigenous tribe, following the government's request for the Supreme Court to review a separate case on the tariffs.
In oral arguments Sept. 5, steel rebar petitioner Rebar Trade Action Coalition and Turkish exporter Kaptan Demir attempted to define whether a Turkish shipbuilding company, which sold scrap to Kaptan during the review period, was the exporter’s cross-owned input supplier (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, Fed. Cir. # 24-1431).
The Court of International Trade on Sept. 8 dismissed exporter Pipe & Piling Supplies' case against the 2022-23 administrative review of the antidumping duty order on large diameter welded pipe from Canada, for lack of subject-matter jurisdiction. Judge Jane Restani said the company failed to notify the other interested parties of its lawsuit as required by the USMCA, as required by 19 U.S.C. 1516a(g)(3)(B), adding that this requirement is a jurisdictional one.
The Commerce Department reasonably used adverse facts available against antidumping duty respondent Corinth Pipeworks Pipe Industry for failing to remedy deficiencies in its cost reconciliation submission, the U.S. Court of Appeals for the Federal Circuit held on Sept. 8. Judges Jimmie Reyna, Richard Taranto and Leonard Stark also said Commerce wasn't required to provide Corinth with an opportunity to comment on the agency's analysis that led to the conclusion that the company's reported costs didn't reconcile with its financial accounting system.
The following lawsuit was filed recently at the Court of International Trade:
The U.S. asked the U.S. Court of Appeals for the 9th Circuit to stay two appeals on the legality of tariffs imposed under the International Emergency Economic Powers Act in light of the government's petition for writ of certiorari before the Supreme Court in a separate case on the tariffs. The U.S. said "it would be a waste of judicial resources for this Court to hear and decide this case before the Supreme Court has resolved the proceedings before it," in light of the "rapid schedule" proposed before the high court and the U.S. Court of Appeals for the Federal Circuit's recent "unanimous ruling on jurisdiction."
The Court of International Trade ruled Aug. 13, in a decision made public Sept. 5, that exporter BASF Corp.’s food additive Betatene was properly classified under Harmonized Tariff Schedule heading 2106 as a dietary supplement.
The Commerce Department lacked authority under its regulations to rescind the administrative reviews of two Chinese wood moulding exporters "solely due to a lack of suspended entries," the Court of International Trade held on Sept. 5. Judge Jane Restani said Commerce's regulation, 19 C.F.R. Section 351.213(d)(3), only allows for rescission if there were no entries of the subject merchandise, adding that the regulation doesn't "include or imply a requirement that these entries be suspended."
The Court of International Trade on Sept. 8 dismissed exporter Pipe & Piling's case against the 2022-23 review of the antidumping duty order on large-diameter welded pipe from Canada for lack of subject-matter jurisdiction. Judge Jane Restani held that Pipe & Piling didn't follow the procedures under the U.S.-Mexico-Canada Agreement, codified in 19 U.S.C. Section 1516a(g)(3)(B), by failing to notify other interested parties of its intent to seek judicial review. Restani said this requirement is jurisdictional based on the "text and structure" and "operation and context" of the statute.
The Court of International Trade on Sept. 3 dropped two cases on the applicability of Section 301 exclusions from its customs case management calendar for lack of prosecution. Both cases were placed on the calendar and not removed from it at the expiration of the "applicable period of time of removal." One case, brought by Warby Parker, was brought to contest CBP's denial of its protest over whether Section 301 duties apply to its frames and lenses classified under Harmonized Tariff Schedule subheading 9004.90.0000 and secondary subheading 9903.88.15 (see 2303070024). The other case, filed by MTD Products, was filed to contest CBP's denial of its protest claiming its gasoline engines of HTS subheading 8407.90.1020, free of duty, and secondary subheading 9903.88.02, should be exempt from Section 301 duties under secondary subheading 9903.88.12 (see 2309130063) (Warby Parker v. U.S., CIT # 23-00042) (MTD Products v. U.S., CIT # 23-00184).