The Court of International Trade ruled Nov. 26 that it has jurisdiction over all denied protests of CBP detention decisions -- even if the government claimed that the Drug Enforcement Administration, not CBP, chose to make the seizure. CBP has the final authority over all detentions, making all detentions protestable under U.S. law, CIT Judge Timothy Reif held in his opinion.
President-elect Donald Trump will most likely either turn to the International Emergency Economic Powers Act (IEEPA) or Section 301 of the Trade Act of 1974 to impose his recently announced tariffs on Canada, Mexico and China, said trade lawyers interviewed by Trade Law Daily. Though much remains unknown about how Trump will impose these tariffs, the president-elect may turn to the two broad statutes to impose the tariffs to accomplish his stated goals of curbing the flow of migrants and fentanyl into the U.S.
Customs brokers expressed concern about a 25% tariff on Mexico and Canada and a 10% additional tariff on China that President-elect Donald Trump announced in a Nov. 25 Truth Social post, citing uncertainties about how U.S. importers would be able to afford bond stacking and if they would be liable financially for the imports, among other issues.
A free-trade senator shrugged off President-elect Donald Trump's promise to put 25% tariffs on all Canadian and Mexican goods, Canadian politicians scurried to convince Trump it can satisfy his demands, and Mexico's president alternately scolded and offered cooperation to the president-elect.
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Maliha Khan, a former Commerce Department compliance analyst, has joined Schagrin Associates as an associate attorney, the firm announced. Khan worked as an international trade compliance analyst in Commerce's International Trade Administration from 2016 to 2020, then joined Kelley Drye as a trade attorney.
California-based motor carrier Access One Transport and France-based ocean carrier CMA CGM have jointly asked the Federal Maritime Commission to approve a confidential agreement that would settle Access One’s complaint against CMA CGM over unfair detention and unfair chassis, storage, stop-off and redelivery fees, according to a notice FMC released Nov. 22. Access One filed its complaint in April (see 2405010027). CMA CGM answered the complaint in May by denying the allegations.
The International Trade Commission seeks comments by Dec. 4 on a Section 337 complaint filed by Modumetal against Parker Hannifin Corporation of Cleveland, Ohio, and Lu Chu Shin Yee Works of Taiwan for allegedly infringing patents held by the complainant on nanolaminate alloy coated metal parts, the ITC said in a notice to be published Nov. 26. According to the complaint, Modumetal is seeking a permanent limited exclusion order against the respondents barring "nanolaminate alloy coated metal parts, components thereof, and products containing the same ... known by Parker Hannifin’s trade name “ToughShield Plus" from entry into the U.S.
The Commerce Department published notices in the Federal Register Nov. 25 on the following AD/CV duty proceedings (any notices that announce changes to AD/CV duty rates, scope, affected firms or effective dates will be detailed in another ITT article):
The Commerce Department has released the final results of the antidumping duty administrative review on steel nails from Taiwan (A-583-854). Commerce said it made certain changes to the rate calculation for Your Standing International, making the final rate higher than in the preliminary results of this review, and that changed the review average rate as well. Commerce will set assessments of antidumping duties for subject merchandise entered July 1, 2022, through June 30, 2023. New cash deposit rates set in these final results take effect Nov. 26.