The Court of International Trade again struck down the Trump administration's withdrawal of an exclusion from the Section 201 solar safeguard measures for bifacial solar panels, in its second opinion rejecting Trump administration's elimination of the exclusion as many days. Judge Gary Katzmann found that the Office of the U.S. Trade Representative's exclusion withdrawal was an "arbitrary and capricious agency decision" and represented a move with no statutory authority. Just a day earlier, Katzmann ruled against a presidential proclamation attempting to withdraw the bifacial panel exclusion, which came as a direct response to the CIT's preliminary injunction in the case over the USTR's move.
The Court of International Trade struck down the U.S. Trade Representative's attempt to withdraw an exclusion on bifacial solar panels from the Section 201 safeguard measures on solar cells in a Nov. 17 decision. Judge Gary Katzmann found that USTR lacked the statutory authority to withdraw the exclusion. The opinion is the second in as many days over the Trump administration's termination of the exclusion, following a Nov. 16 decision that struck down the presidential proclamation issued after CIT imposed a preliminary injunction on USTR's action.
President Donald Trump's decision to revoke a tariff exclusion granted to bifacial solar panels is a "clear misconstruction" of the law since the law permits only trade liberalizing alterations to the existing safeguard measures, the Court of International Trade said Nov. 16, reversing the revocation of the exclusion.
The Court of International Trade on Nov. 16 ruled against President Donald Trump's decision to revoke an exclusion for bifacial panels from Section 201 safeguard duties on solar cells. The trade court ruled his proclamation revoking the exclusion, issued in the midst of litigation over a similar action previously taken by the U.S. Trade Representative, was a "clear misconstruction" of the law and amounted to action outside the president's authority. The court said that the law only permits the president to make "trade-liberalizing modifications" to existing safeguards.
Counsel for LG Electronics did not prove that the International Trade Commission's decision to deny attorney access to confidential information in a safeguard proceeding constitutes a final agency action, the U.S. argued in an Oct. 8 reply brief at the Court of International Trade. Even if there existed a "speculative future basis for jurisdiction under prior case law," the LGE lawyers would have to show that the ITC secretary's actions resulted in ineffective or inadequate representation that resulted in an adverse determination, the brief said (LG Electronics USA, Inc., et al. v. United States, CIT 21-00520).
The Court of International Trade does in fact have jurisdiction to hear a case over denied attorney access to confidential information in a safeguard proceeding at the International Trade Commission, counsel for LG Electronics told the court in an Oct. 6 reply brief. The denial of access to the proceeding constitutes a final agency action, making the denial eligible for judicial review, the brief said (LG Electronics USA, Inc., et al. v. United States, CIT 21-00520).
Lawyers for LG Electronics' bid to overturn the International Trade Commission's restrictions on their participation in a solar safeguard review should be dismissed for lack of jurisdiction, the ITC argued in an Oct. 4 motion to dismiss at the Court of International Trade. Even if CIT had jurisdiction, the case is premature since there has been no "justiciable final agency action," the brief said.
Tariff rate quotas of 30% imposed in 2018 under a global safeguard tariff against solar cells and solar panels were legal under international trade law, a panel at the World Trade Organization announced. The Section 201 tariffs fell to 25%, then 20%, and were supposed to fall to 15% in 2021, but are at 18% instead (see 1711010040 and 2010130028).
The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York:
The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York: