The Commerce Department placed an "undue emphasis on prefabrication" in a scope ruling on pencils in violation of its own regulations and case law, importer School Specialty said in a Feb. 27 brief at the Court of International Trade. Responding to claims from the U.S. and petitioner Dixon Ticonderoga Co., School Specialty said Commerce's "unreasonable fixation on 'prefabrication'" led the agency to "misjudge the true complexity and importance of the processing that occurs in the Philippines" (School Specialty v. United States, CIT # 24-00098).
The following lawsuit was recently filed at the Court of International Trade:
CBP didn't need to refer the question of whether petitioner CP Kelco still made oilfield xanthan gum to the Commerce Department in an antidumping duty evasion case, the U.S. Court of Appeals for the Federal Circuit held on Feb. 27. Judges Kimberly Moore, Todd Hughes and Tiffany Cunningham said the evidence didn't support such a referral and, in any case, such a referral would only apply to future merchandise and not the goods subject to the evasion case.
Three parties in a sprawling dispute over Canadian lumber each replied Feb. 21 to the U.S. argument that Loper Bright doesn't apply to judicial review of the Commerce Department’s administrative review of Canadian softwood lumber (see 2502140050) (Government of Canada v. United States, CIT # 23-00187).
Eteros has not shown good cause for an expedited scheduling order in its case alleging that CBP retaliated against the company's executives after the company received a favorable ruling at the Court of International Trade in a case on imports of marijuana paraphernalia, the U.S. told the trade court on Feb. 24. The government also said it's likely that CIT doesn't have jurisdiction to hear the matter, indicating that it soon will file a motion to dismiss the case (Eteros Technologies USA v. United States, CIT # 25-00036).
Jeffrey Gerrish, former deputy U.S. trade representative for Asia, Europe and the Middle East, told the House Ways and Means Trade Subcommittee that the time has come to undo the "colossal mistake" of granting permanent normal trading status.
The Court of International Trade upheld on Feb. 25 the Commerce Department's inclusion of Precision Components' low-carbon steel blanks in the scope of the antidumping duty order on tapered roller bearings from China. Judge Joseph Laroski said Commerce was entirely in line when it considered a prior scope ruling asked for by Precision and concluded that the products at issue in the prior scope ruling were identical to the products considered in the subsequent scope case.
Earlier this month, Wisconsin man Gary Barnes filed a lawsuit challenging the chief executive's right to impose tariffs as a violation of the U.S. Constitution (see 2502060026). In an email to Trade Law Daily, Barnes said he's targeting tariffs, since they "force retirees, low-income citizens and those on some kind of living assistance to help subsidize tax breaks for others" and also victimize the "less fortunate in our society" (Gary L Barnes v. United States President Donald Trump, CIT # 25-00043).
The following lawsuit was recently filed at the Court of International Trade:
The following lawsuit was recently filed at the Court of International Trade: