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 For en banc rehearings, the court laid out the steps to be taken under which the rehearing poll is withdrawn.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.
There is no exception for business confidential information to the requirement that CBP provide a company subject to an antidumping duty and countervailing duty evasion investigation access to the evidence on which the agency relies, importer Royal Brush told the U.S. Court of Appeals for the Federal Circuit in a Feb. 4 opening brief. CBP's denial of Royal Brush's access to the BCI in the Enforce and Protect Act investigation violated its due process rights and created a "flawed process for adjudicating complaints of duty evasion," the brief said (Royal Brush Manufacturing Inc. v. United States, Fed. Cir. #22-1226).
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 Court of International Trade in a Jan. 21 order denied California Steel Industries' and Welspun Tubular's bid for a stay in a case over the Commerce Department's final results in the third administrative review of the antidumping duty order on welded line pipe from South Korea. CSI and Welspun wanted a stay while the U.S. Court of Appeals for the Federal Circuit mulls whether Commerce can make a particular market situation adjustment to the cost of production in the sales-below-cost test. CIT said CAFC already ruled against the practice, so the trade court can't be certain that granting the stay would "serve any purpose other than" to just delay resolution of the case.