The U,S, Court of Appeals for the Federal Circuit needs to reconsider its dismissal of a broad challenge to President Donald Trump's Section 232 steel and aluminum tariffs, plaintiff-appellants in the case, led by USP Holdings, argued in a July 22 motion for reconsideration. The plaintiff-appellants said that the court "failed to consider" the effect of the Administrative Procedure Act on the standard of review issue when finding that the scope of judicial review given to the Commerce Secretary's determination of threat to impair national security was identical to that given to the president, whose findings are not subject to the APA (USP Holdings v. United States, Fed. Cir. #21-1726).
The U.S. Court of Appeals for the District of Columbia Circuit in a July 19 opinion denied Hong Kong-based apparel company Changji Esquel Textile's (CJE) bid for a preliminary injunction against its placement on the Commerce Department's Entity List, calling it "a Hail Mary pass." Judges Judith Rogers, Patricia Millett and Gregory Katsas held that CJE's claims that human rights violations are not proper grounds to be placed on the Entity List are not likely to succeed, upholding the district court's ruling saying the same thing.
Importer Acquisition 362, doing business as Strategic Import Supply, had to file a protest to properly establish jurisdiction to challenge the liquidation of its entries, DOJ argued in an April 8 reply brief at the U.S. Court of Appeals for the Federal Circuit. Responding to SIS's arguments that there was nothing to protest at the time since the countervailing duty rate was not final, DOJ said that this position is incorrect since the importer should have moved to suspend liquidation during the CVD review. Failing to do so precluded the ability to judicially challenge the liquidations, the brief said (Acquisition 362, LLC dba Strategic Import Supply v. United States, Fed. Cir. #22-1161).
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).
Importer Root Sciences was denied on March 15 its motion for reconsideration of a Court of International Trade ruling that CBP's seizure of Root's imports precluded a deemed exclusion, stripping the court of jurisdiction over the case. Judge Gary Katzmann said that because the reconsideration motion "amounts to nothing more than a disagreement with the court’s reasoning on matters fully litigated, devoid of showing manifest error, it is insufficient to warrant reconsideration and is denied."
The 1974 Trade Act “does not authorize” the Office of the U.S. Trade Representative to increase the “original” Section 301 lists 1 and 2 tariffs on Chinese goods under the “circumstances present” in the lists 3 and 4A duties, argued Akin Gump lawyers for sample case plaintiffs HMTX Industries and Jasco Products, in their final written brief Nov. 15 at the Court of International Trade before the litigation moves to oral argument Feb. 1, 2022. HMTX and Jasco, plus the thousands of complaints their September 2020 lawsuit sparked, seek to get the lists 3 and 4A tariffs thrown out and the paid duties refunded with interest.
The Commerce Department properly found that it had enough industry support to initiate antidumping and countervailing duty investigations into quartz surface products (QSP) from India, the Court of International Trade said in an Oct. 7 decision. Issuing a partial opinion in the case solely to address the concerns of M S International (MSI), Judge Leo Gordon said that Commerce legally interpreted "producers" of QSPs as excluding QSP fabricators.
A Commerce Department regulation establishing expedited reviews for countervailing duty investigations was vacated in an Aug. 18 opinion from the Court of International Trade. Chief Judge Mark Barnett penned his fourth opinion in the case, upholding Commerce's finding that it couldn't find any alternative statutory basis on which to find that the regulation can exist.
The Trump administration’s “radical escalation” of Section 301 tariffs on lists 3 and 4A Chinese goods “transgressed the statutory limits carefully delineated by Congress” when it crafted the 1974 Trade Act and delegated foreign-trade powers to the executive branch, Akin Gump lawyers for sample case plaintiffs HMTX Industries and Jasco Products said. This came in a cross-motion for judgment on the agency record filed the evening of Aug. 2 at the Court of International Trade in docket 1:21-cv-52. Akin Gump’s proposed order asks that the lists 3 and 4A tariffs be vacated, that any duties paid be refunded with interest and that the government be “permanently enjoined” from imposing the tariffs again.
Domestic manufacturers and producers of a wide range of goods covered by antidumping duty orders filed motions for judgment May 24 seeking court orders that CBP distribute delinquency interest that they say should be paid to affected domestic producers under the Continued Dumping and Subsidy Offset Act of 2000.