Instructions not to assess antidumping duties on “unliquidated” entries also apply to entries that have been liquidated but not finalized because they are still protestable, the U.S. Court of Appeals for the Federal Circuit said in a March 30 decision. Overturning a Court of International Trade ruling from 2016 (see 1610250042), the Federal Circuit held that the Commerce Department’s revocation of antidumping duties on German steel may apply to several of ThyssenKrupp’s entries that had already been liquidated by the time the revocation was announced.

The Court of International Trade will hear arguments March 29 on whether it should issue a temporary block of recently imposed Section 232 steel tariffs as they apply to a Miami-based importer. Severstal Export Miami, a subsidiary of the Russian steel manufacturer PAO Severstal, argues that the tariffs are unconstitutional because they weren’t actually meant to address national security -- a fact purportedly belied by President Donald Trump’s own tweets -- and unenforceable for failure to provide fair notice to companies with shipments already on the water.

The following lawsuits were filed at the Court of International Trade during the week of March 19-25:

Several drawback filers and importers on March 23 filed a court challenge of CBP’s new policies on drawback procedures under the Trade Facilitation and Trade Enforcement Act. They say CBP violated the Administrative Procedure Act when it changed drawback requirements via a guidance document issued in February without allowing for notice and comment on what amount to regulatory changes.

CBP must allow for a face-to-face meeting with importers charged with Section 1592 violations before imposing penalties, the Court of International Trade said in a decision issued March 26. Finding in favor of a textile importer contesting more than $6 million in penalties and unpaid duties, CIT held that short phone calls between CBP and the importer’s representative did not meet 19 USC 1592’s requirement for an oral hearing.

States with laws or executive orders on net neutrality to counter the FCC’s December recision order should expect lawsuits, law experts and others said in interviews. Suits seem more likely to come from industry than the FCC, but industry may wait for the right moment, they said. In two states that passed net neutrality bills, ILEC associations said they won’t sue.

States with laws or executive orders on net neutrality to counter the FCC’s December recision order should expect lawsuits, law experts and others said in interviews. Suits seem more likely to come from industry than the FCC, but industry may wait for the right moment, they said. In two states that passed net neutrality bills, ILEC associations said they won’t sue.

The following new requests for antidumping and countervailing duty scope rulings were filed with the Commerce Department since International Trade Today's last update:​

The following lawsuits were filed at the Court of International Trade during the week of March 12-18:

House of Representatives appropriators want to know whether the Commerce Department will be able to make prompt determinations on steel and aluminum tariff product exemptions if the agency receives 4,500 applications, as it projected. The Appropriations subcommittee that handles Commerce's budget heard from Secretary Wilbur Ross on March 20. Ross said that the fiscal year 2019 budget request does ask for more staffing. "We believe we can handle the influx," he said.