The U.S. Court of Appeals for the Federal Circuit in a June 26 text-only order granted the government's request for 30 more days to file its reply brief in a customs case from importer Blue Sky The Color of Imagination on the customs classification of calendar planners. The reply is now due Aug. 2 (Blue Sky The Color of Imagination v. U.S., Fed. Cir. # 24-1710).
Jacob Kopnick
Jacob Kopnick, Associate Editor, is a reporter for Trade Law Daily and its sister publications Export Compliance Daily and International Trade Today. He joined the Warren Communications News team in early 2021 covering a wide range of topics including trade-related court cases and export issues in Europe and Asia. Jacob's background is in trade policy, having spent time with both CSIS and USTR researching international trade and its complexities. Jacob is a graduate of the University of Michigan with a B.A. in Public Policy.
Exporter Hindalco Industries told the Court of International Trade last week that the Commerce Department erred in finding that the provision of coal to the company below cost is de facto specific. Filing its motion for judgment, Hindalco added that in the case the court finds the supposed subsidy is specific, Commerce illicitly calculated the subsidy's benefit to the company (Hindalco Industries v. United States, CIT # 23-00260).
The Commerce Department can't extend an antidumping and countervailing duty circumvention finding based on adverse facts available for one mandatory respondent on a "country-wide basis," exporter Trina Solar Co. argued June 25. Filing a motion for judgment at the Court of International Trade, Trina said Commerce made "no company-specific findings" on whether all the cooperative companies were circumventing the AD/CVD orders on Chinese solar cells and, as a matter of law, can't impose the circumvention finding on those companies (Trina Solar (Vietnam) Science & Technology Co. v. U.S., CIT # 23-00228).
The EU extended its steel safeguard measure until June 30, 2026, the European Commission's Directorate-General for Trade announced. The measure imposes tariff rate quotas "above which a 25% duty is levied on imports." The TRQs were imposed in response to the U.S. Section 232 measures.
The Commerce Department reduced the antidumping duty rate for a collapsed entity, made up of exporter Siemens Gamesa, affiliated supplier Windar Renovables and five of Windar's subsidiaries, from 73% to 28.55% after reverting to the use of partial adverse facts available for the entity (Siemens Gamesa Renewable Energy v. U.S., CIT # 21-00449).
The Drug Enforcement Administration told CBP that it believes importer UniChem's entry of "7-keto dehydroepiandrosterone is a Schedule III anabolic steroid and its importation violates DEA regulations." As a result, DEA requested that CBP seize the entry on DEA's behalf, the U.S. told the Court of International Trade in a June 25 status report (UniChem Enterprises v. U.S., CIT # 24-00033).
Joly Germine of Croix-des-Bouquets, Haiti, was sentenced to 35 years in prison for his role in a scheme to illegally export firearms to Haiti and for laundering money paid for U.S. hostages held by the Haitian gang 400 Mawozo, DOJ announced.
Exporter Saha Thai Steel Pipe Public Co. on June 21 petitioned the U.S. Court of Appeals for the Federal Circuit for either a panel or en banc rehearing of its decision to include dual-stenciled pipe in the scope of the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand (see 2405150027) (Saha Thai Steel Pipe Public Co. v. United States, Fed. Cir. # 22-2181).
The World Trade Organization's Committee on Trade and Environment during its June 19 meeting agreed to center upcoming "thematic sessions" on "trade-related climate measures, technology transfer, and sustainable agriculture," the WTO announced. The selection of the three themes were made in light of Trade and Environment Week, which the committee chair confirmed will take place Oct. 7-11. The environment week will feature a thematic session and "other events," the WTO said.
The following lawsuit was recently filed at the Court of International Trade: