The importers challenging the tariffs imposed by President Donald Trump under the International Emergency Economic Powers Act requested that the U.S. Court of Appeals for the Federal Circuit reject the government's bid for an emergency stay, telling the appellate court that the importers will be irreparably harmed by the stay while the president "is not harmed by the denial of authority he does not legally possess" (V.O.S. Selections v. Donald J. Trump, Fed. Cir. # 25-1812).
Chinese exporter Yingli Energy on June 3 supported its argument that the Court of International Trade should strike down the Commerce Department’s usual presumption that exporters in non-market economies are under government control (Yingli Energy (China) Co. v. United States, CIT # 24-00131).
The Court of International Trade on June 9 sent back a Commerce Department scope ruling excluding exporter Cheng Shin Rubber Industry's temporary-use spare tires from the antidumping duty order on passenger vehicles and light truck tires from Taiwan. Judge Jennifer Choe-Groves said Commerce improperly added a requirement that subject tires be for "regular use" in a vehicle, noting that the agency's interpretation doesn't appear in the "statutory language" and is undercut by the "terms of the Order itself." The judge said there's evidence showing Cheng Shin's tires "are of a size that fit passenger cars," which falls under the plain meaning of the order's scope.
The State of California appealed the U.S. District Court for the Northern District of California's decision to dismiss its case challenging tariff action taken under the International Emergency Economic Powers Act, filing on June 4 a motion to expedite the appeal. California's proposed schedule would see briefing conclude on Aug. 18, with California's opening brief due on June 30 (State of California v. Donald J. Trump, 9th Cir. # 25-3493).
The U.S. Court of Appeals for the Federal Circuit on June 5 said the Commerce Department improperly prioritized "transparency" over its statutory duty to compare physically identical products in an antidumping duty review.
The 12 states challenging the tariffs imposed under the International Emergency Economic Powers Act urged the U.S. Court of Appeals for the Federal Circuit to reject the government's bid for an emergency stay, telling the appellate court that the Trump administration's claim that it will be irreparably harmed without a stay are undermined by administration officials' own statements (V.O.S. Selections v. Trump, Fed. Cir. # 25-1812).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following lawsuits were filed recently at the Court of International Trade:
The Court of International Trade granted importer APS Auto Parts Specialist's voluntary dismissals of its two cases seeking Section 301 exclusions. APS challenged CBP's denial of its protest, claiming that its steel side protective attachment auto parts of Harmonized Tariff Schedule subheading 8708.29.5060 qualify for Section 301 tariff exclusions under secondary subheading 9903.88.45. The importer dismissed the cases on May 28 (see 2505280045) (APS Auto Parts Specialist v. United States, CIT #s 21-00233, 21-00268).
The Court of International Trade on June 3 sustained the Commerce Department's selection of the financial statement of TMTE Metal Tech to calculate respondent Triune Technofab's constructed value in the antidumping duty investigation on boltless steel shelving units prepackaged for sale from India. The result is a negative determination in the AD investigation.