Bahrain formally accepted the World Trade Organization Agreement on Fisheries Subsidies on April 28, bringing the number of countries that have accepted the deal to 97. The WTO needs 14 more countries to accept to get to two-thirds of the membership, the threshold for the agreement to take effect.
The U.S. District Court for the District of Montana on April 28 denied a motion from four members of the Blackfeet Nation that sought to keep the established schedule on its motion for a preliminary injunction against President Donald Trump's tariffs on Canada after the Montana court transferred the matter to the Court of International Trade (Susan Webber v. United States, D. Mont. # 4:25-00026).
Judge Stephen Vaden last week responded to the U.S. Court of Appeals for the Federal Circuit's invitation to respond to the International Trade Commission's petition for writ of mandamus regarding Vaden's decision finding the ITC's practice of automatically redacting questionnaire responses to be unlawful. Vaden said the ITC lacks standing to petition for mandamus review, since the information belongs to the parties taking part in the injury proceeding and not the commission, and that the petition fails on the merits (In re United States, Fed. Cir. # 25-127).
The U.S. Court of Appeals for the Federal Circuit on April 28 issued a pair of decisions rejecting challenges from three exporters to the Commerce Department's decision to deny them separate antidumping duty rates in the 2012-13 and 2014-15 reviews of the antidumping duty order on new pneumatic off-the-road tires. Judges Richard Taranto, Raymond Clevenger and Todd Hughes said the exporters' claims on whether the agency can "deem decisive an exporter's failure to establish lack of state control of management selection" without more proof of state control over export activities were precluded by the appellate court's recent holding in Pirelli Tyre v. U.S.
The Pacific Legal Foundation, the libertarian legal advocacy group that recently brought a case against the legality of tariffs imposed under the International Emergency Economic Powers Act on behalf of 11 importers, has had "preliminary" talks with the other advocacy groups that have brought cases challenging the tariffs on whether to proceed with separate cases. Molly Nixon, attorney at the foundation, told us she's "in touch" with the two other groups who have brought cases against the tariffs, the New Civil Liberties Alliance and the Liberty Justice Center, but that nothing is confirmed about whether the groups will combine cases.
International trade attorney Elyssa Kutner has resigned from Sidley Austin, according to a notice Kutner filed at the Court of International Trade. Kutner joined Sidley in 2020 as an associate, moving to counsel in January 2024. At the firm, she covered U.S. customs law and import compliance. Prior to joining Sidley, she worked as an associate at ArentFox and Neville Peterson.
The World Trade Organization's Dispute Settlement Body on April 25 agreed to establish a panel to review the EU's countervailing duties on new battery electric vehicles from China. The panel was created following China's second request to do so, because Beijing says the CVD violate Article VI of the General Agreement on Tariffs and Trade 1994 (see 2408140010).
Guatemala and Peru told the World Trade Organization on April 23 that they resolved a dispute brought by Guatemala against Peru's additional duties on imports of certain agricultural products. The Guatemalan government said Peru "has adopted the necessary measures to comply with the recommendations and rulings" of the Dispute Settlement Body. Specifically, the dispute concerned Peru's variable additional duties on agricultural products, which were calculated under a price band system. A DSB panel previously found that Peru's duties violate WTO commitments.
The EU opened arbitration proceedings at the World Trade Organization on April 24 to review a dispute panel's findings on China's enforcement of intellectual property rights. The EU started the proceedings under the WTO's Multi-Party Interim Appeal Arbitration Arrangement (MPIA), which has been regarded by some nations as an alternative to the defunct Appellate Body. The WTO said the case marks the second time both the EU and China have turned to the MPIA to settle a dispute between them.
The following lawsuit was filed recently at the Court of International Trade: