The Commerce Department's inclusion of Export Packers Company's imported garlic in the antidumping duty order on fresh garlic isn't backed by substantial evidence, the Court of International Trade held on April 18. Judge Jane Restani said that Commerce's focus on two prior scope rulings concerning garlic blanched in boiling water is "misplaced" and that the agency's remaining (k)(2) analysis is "similarly flawed."
The Court of International Trade on April 18 upheld the International Trade Commission's preliminary negative injury determination on aluminum extrusions from the Dominican Republic. Judge Lisa Wang rejected all three claims from petitioners U.S. Aluminum Extruders Coalition and United Steelworkers, which challenged the ITC's conclusions that the Dominican imports were negligible, there was "no likelihood of contrary evidence to arise in the final phase which would warrant a non-negligibility determination" and the Dominican imports didn't have the "potential to exceed the negligibility threshold in the imminent future."
The three judges assigned to the case challenging President Donald Trump's use of the International Emergency Economic Powers Act -- Jane Restani, Gary Katzmann and Timothy Reif -- may be poised to rein in the administration's use of the act to impose tariffs, various attorneys told us. Based on their prior jurisprudence and professional backgrounds, the attorneys said, it seems likely the trio may pare back Trump's tariff-setting authority, though it's ultimately unclear to what extent.
State attorneys general may take the lead on Foreign Corrupt Practices Act enforcement in light of the Donald Trump administration's pause on enforcing the act, attorneys at Crowell & Moring said in an April 14 alert. There's good reason to believe states will follow California's lead in announcing that it will enforce anti-foreign bribery efforts, the firm said.
The Court of International Trade on April 16 held that it doesn't have jurisdiction under Section 1581(c) to hear claims from a group of importers that the Commerce Department failed to find a changed circumstance or open new shipper reviews in an antidumping duty investigation on Mexican tomatoes covering entries during 1995-96. Sustaining the agency's investigation results on remand, Judge Jennifer Choe-Groves also held that the intervenors don't have standing to sue, since their claims aren't related to those of the other parties with standing.
The U.S. defended its bid to transfer a case challenging President Donald Trump's tariffs on Canada imposed under the International Emergency Economic Powers Act and Section 232 to the Court of International Trade, arguing that the trade court has exclusive jurisdiction to hear the case and that the plaintiffs' convenience in keeping the suit in Montana is "irrelevant" to CIT's jurisdiction. Filing a reply brief on April 16, the government said the plaintiffs, four members of the Blackfeet Nation tribe, "ignore or misunderstand" CIT's "specialized nature and the fact that that court may also review the implementation of executive orders in cases within its jurisdiction" (Susan Webber v. U.S. Department of Homeland Security, D. Mont. # 4:25-00026).
The following lawsuits were filed recently at the Court of International Trade:
CBP improperly classified importer AB Specialty Silicones' specialty silicone chemicals as organic-silicone compounds instead of as silicone compounds or organo-inorganic compounds, AB argued in an April 16 complaint at the Court of International Trade (AB Specialty Silicones v. United States, CIT # 25-00067).
The Court of International Trade dismissed exporter Hoshine Silicon (Jia Xiang) Industry Co.'s challenge to CBP's issuance of a withhold release order on silica-based products made by its parent company Hoshine Silicon or its subsidiaries. However, in a confidential decision issued on April 16, Judge Claire Kelly denied the government's motion to dismiss Hoshine's second claim, which contested CBP's refusal to modify the WRO (Hoshine Silicon (Jia Xing) Industry Co. v. United States, CIT # 24-00048).
The lawsuit at the Court of International Trade challenging President Donald Trump's use of the International Emergency Economic Powers Act to impose tariffs has been assigned to a three-judge panel. Judges Gary Katzmann, Timothy Reif and Jane Restani will hear the case, according to an order from CIT Chief Judge Mark Barnett (V.O.S. Selections v. Donald J. Trump, CIT # 25-00066).