The EU General Court in a pair of July 26 orders annulled the sanctions acts listing Viktor Pshonka, a former Ukrainian prosecutor general, and his son, Artem, a former Ukrainian lawmaker, according to an unofficial translation. The elder Pshonka was originally sanctioned in 2014 for embezzling Ukrainian public funds, according to the EU Sanctions blog. The blog noted that the court said the European Council failed to show that the Pshonkas' rights to judicial protection were respected by Ukrainian authorities during criminal proceedings on which the council relied.
Country of origin cases
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Importer PrimeSource Building Products on July 26 asked the Supreme Court to take up its case contesting President Donald Trump's expansion of Section 232 steel and aluminum duties onto "derivative" products, urging the High Court to settle ambiguity in statutes delegating "vast legislative power to the Executive in favor of restraining the delegation" (PrimeSource Building Products v. U.S., Sup. Ct. # 23-69).
The following lawsuits were recently filed at the Court of International Trade:
A group of retail trade groups, led by the American Apparel and Footwear Association, said that the Office of the U.S. Trade Representative failed to adequately respond to comments when imposing its lists 3 and 4A Section 301 tariffs on China. Submitting an amicus brief at the U.S. Court of Appeals for the Federal Circuit in the massive case against the duties, the retail representatives argued that USTR illegally relied on the president's discretion as a response to the comments, violating the Administrative Procedure Act (HMTX Industries, et al. v. U.S., Fed. Cir. # 23-1891).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Office of the U.S. Trade Representative's defense of its decisions to impose lists 3 and 4A Section 301 tariffs "makes a mockery of a detailed law in which Congress circumscribed what USTR may do and on what basis," four administrative and trade law professors said in an amicus brief. Filing at the U.S. Court of Appeals for the Federal Circuit July 24, the professors said USTR did not have the statutory authority to impose the retaliatory duties on $320 billion worth of Chinese goods because the statute did not allow retaliation to serve as the basis for the duties, nor did it allow the drastically larger price tag (HMTX Industries, et al. v. U.S., Fed. Cir. # 23-1891).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Court of International Trade in a July 24 opinion granted the Commerce Department's voluntary remand request to address alleged errors in calculating the antidumping margin as part of the investigation on forged steel fluid end blocks from Germany. Judge Stephen Vaden also sent the case back after finding that Commerce did not express a clear rationale for its refusal to address petitioner Ellwood City Forge Co.'s claims on alternate legal grounds Commerce could have used to make a particular market situation adjustment.
Importer PrimeSource Building Products moved for a partial stay of the Court of International Trade's order dismissing its suit challenging President Donald Trump's expansion of Section 232 steel and aluminum duties onto "derivative" products. PrimeSource said it wants the order stayed pending the resolution of its appeal to the U.S. Supreme Court (Primesource Building Products v. U.S., CIT # 20-00032).