The International Trade Commission is issuing a limited exclusion order banning imports of medical admixture devices (ITC Inv. No. 337-TA-1362) from U.S. company Summit International Medical Technologies, Advcare Medical of Taiwan, and Dragon Heart of China, it said in a notice to be published Feb. 7. Additionally, the ITC issued cease and desist orders against Summit International but imposed no bond for covered articles imported or sold during the period of presidential review. The order concludes a Section 337 investigation the ITC launched in May 2023, based on allegations by West Pharmaceutical Services of Pennsylvania and West Pharma of Israel that the respondents are importing fluid transfer devices that have a trifurcated connector body with an integral vial adapter (see 2305100005) that copy and infringe its patented designs.
The Commerce Department published notices in the Federal Register Feb. 6 on the following antidumping and countervailing duty (AD/CVD) proceedings (any notices that announce changes to AD/CVD rates, scope, affected firms or effective dates will be detailed in another ITT article):
A Wisconsin man filed a pro se lawsuit at the Court of International Trade challenging the president's ability to impose tariffs, arguing that any attempt by the president to levy import duties represents an improper delegation of power under the U.S. Constitution. The individual, Gary Barnes, said imposing tariffs "is not within the jurisdiction of the President's duties," noting that the power to levy tariffs rests solely with Congress (Gary L Barnes v. United States President Donald Trump, CIT # 25-00043).
CBP issued the following releases on commercial trade and related matters:
A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website Feb. 5, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at CBP's ADCVD Search page.
CBP has issued new guidance that describes an update to the order of reporting in ACE for multiple Harmonized Tariff Schedule classifications on the same entry summary line, according to a Feb. 5 cargo systems message. This pertains to instances when a Chapter 98 or Chapter 99 HTS code is required. ACE is the system of record for all entry summaries, CBP said.
The abrupt change in how CBP will process low-value goods made in China because of President Donald Trump's executive order banning the de minimis exemption for these goods (see 2502030034) is causing some upheaval among shippers unfamiliar with the other types of customs processing, importers, brokers and logistics providers told International Trade Today.
The nominee to lead the Office of the U.S. Trade Representative, Jamieson Greer, told New Mexico Democrat Sen. Ben Lujan that, as he starts a sunset review of USMCA, he thinks rules of origin should be tightened up in some sectors.
China opened a dispute at the World Trade Organization on Feb. 5 to challenge the new 10% tariff imposed by the U.S. on all goods from China, claiming that the measure violates the General Agreement on Tariffs and Trade. China said that not only do the duties violate the U.S. government's "Schedule of Concessions and Commitments," they're also "discriminatory and protectionist in nature."
The Trump administration is determined to impose tariffs on China “regardless” of any progress it makes on stopping fentanyl from flowing into the U.S., a Chinese Foreign Affairs Ministry spokesperson said Feb. 5 during a regular press conference in Beijing. The U.S. is “bent on levying a 10 percent additional tariff on Chinese imports under the pretext of the fentanyl issue,” the person said, adding that Beijing “firmly deplores and opposes this move and has taken necessary measures to defend its legitimate rights and interests.”