International Trade Today is providing readers with some of the top stories for March 6-10 in case they were missed.
The following lawsuits were filed at the Court of International Trade during the week of March 6-12:
China filed a request (here) on March 9 for the formation of a dispute panel to examine the EU’s “special calculation methodology” that it employs in antidumping duty cases, after consultations held Jan. 23 failed to resolve China’s concerns. While China requested consultations in December in response to U.S. and EU treatment of China as a “non-market economy” for AD duty purposes (see 1612120019), China has not requested formation of a dispute panel to examine U.S. calculation methodologies, a WTO spokesman said in an email. “At this point we have no indication what China's intentions are in regards to the dispute proceedings it initiated against the United States last December,” the spokesman said. China asserts that its 2001 WTO Protocol of Accession required that WTO members automatically grant it market economy status and that WTO members must stop using all alternative AD calculation methodologies on or after Dec. 11, when the protocol expired.
A wide range of legal issues around CBP's new processes for antidumping or countervailing duty evasion allegations under the Enforce and Protect Act (see 1608190014) (EAPA) will require litigation to clarify, panelists said March 9 at the International Trade Update. For example, if CBP decides to impose higher bonding requirements on an alleged evader, can the importer then file for a temporary restraining order or preliminary injunction with the Court of International Trade to stop CBP, asked Jonathan Stoel, a lawyer with Hogan Lovells. Practical scenarios like that will need to be played out to give a better look at the possible strategies for lawyers involved, according to panelists at the event hosted by the Georgetown University Law Center.
The Aluminum Association filed a petition on March 8 with the Commerce Department and International Trade Commission requesting new antidumping and countervailing duties on aluminum foil from China. Commerce will now decide whether to begin AD/CVD investigations on aluminum foil that could eventually result in the assessment of AD/CV duties. "We did not come to this decision lightly, but felt that action was needed not only to address the acute challenge facing the foil market but also to signal the industry’s continued commitment to ensuring that trade laws are enforced to create a level playing field for domestic producers," said Heidi Brock, CEO of the association, in an email (here).
No new lawsuits were filed at the Court of International Trade during the week of Feb. 27 - March 5, nor were any appeals of CIT decisions filed at the U.S. Court of Appeals for the Federal Circuit during that week.
Congress seems unlikely to provide dedicated funding for new ACE development in upcoming appropriations legislation, according to industry officials. Still, CBP may be able to funnel operations and maintenance resources to ACE development, said one industry observer. While the end to funding for new programming isn't unexpected (see 1609140034), the shift is closer to becoming a reality as the Senate and House aim to pass final Department of Homeland Security appropriations legislation by late April, industry and congressional officials said recently.
Critics of the FCC’s ISP privacy rules joined Monday to press for use of a Congressional Review Act (CRA) resolution of disapproval to nullify the regulations. A spokesman for Sen. Jeff Flake, R-Ariz., told us the CRA resolution likely is coming this week as soon as Tuesday. “There is no gap; it’s not the Wild West,” said 21st Century Privacy Coalition General Counsel Howard Waltzman during a press call hosted by Tech Knowledge, disputing claims from Sen. Ed Markey, D-Mass., and others that CRA use would create a regulatory void (see 1702270035). An aide to acting FTC Chairman Maureen Ohlhausen also slammed the rule and said the trade commission would work with the FCC to prevent any gaps.
Critics of the FCC’s ISP privacy rules joined Monday to press for use of a Congressional Review Act (CRA) resolution of disapproval to nullify the regulations. A spokesman for Sen. Jeff Flake, R-Ariz., told us the CRA resolution likely is coming this week as soon as Tuesday. “There is no gap; it’s not the Wild West,” said 21st Century Privacy Coalition General Counsel Howard Waltzman during a press call hosted by Tech Knowledge, disputing claims from Sen. Ed Markey, D-Mass., and others that CRA use would create a regulatory void (see 1702270035). An aide to acting FTC Chairman Maureen Ohlhausen also slammed the rule and said the trade commission would work with the FCC to prevent any gaps.
Critics of the FCC’s ISP privacy rules joined Monday to press for use of a Congressional Review Act (CRA) resolution of disapproval to nullify the regulations. A spokesman for Sen. Jeff Flake, R-Ariz., told us the CRA resolution likely is coming this week as soon as Tuesday. “There is no gap; it’s not the Wild West,” said 21st Century Privacy Coalition General Counsel Howard Waltzman during a press call hosted by Tech Knowledge, disputing claims from Sen. Ed Markey, D-Mass., and others that CRA use would create a regulatory void (see 1702270035). An aide to acting FTC Chairman Maureen Ohlhausen also slammed the rule and said the trade commission would work with the FCC to prevent any gaps.