The Commerce Department recently set a new uniform policy regarding filing deadline extensions in antidumping duty and countervailing duty proceedings, shortening the time parties get for extensions to initial and supplemental questionnaires, according to an internal memo we obtained.
Canada requested dispute consultations at the World Trade Organization with China regarding Chinese duties on Canadian agricultural and fishery products, the WTO announced on March 24. Canada alleged that the measures violate the WTO's Understanding on the Rules and Procedures Governing the Settlement of Disputes and the General Agreement on Tariffs and Trade 1994.
The following lawsuit was filed recently at the Court of International Trade:
The Commerce Department "violated its statutory obligations" to gain adequate support to launch an antidumping duty investigation, importers led by Tenaris Bay City argued in their March 24 opening brief at the U.S. Court of Appeals for the Federal Circuit. Tenaris Bay said Commerce failed to examine "intermingled" oil country tubular goods mill and processor production data and proxy shipment information used "in lieu of missing production data" provided by the petitioners "to confirm its accuracy and adequacy contrary to its statutory obligation" (Tenaris Bay City v. United States, Fed. Cir. # 25-1382).
The Court of International Trade granted three wildlife advocacy groups' voluntary dismissal of a case seeking an import ban on fisheries from nine countries after the groups reached a settlement with the U.S. government. Judge Gary Katzmann dropped the case, though he retained jurisdiction over the matter to oversee implementation of the settlement, at the parties' request.
The World Trade Organization's Dispute Settlement Body on March 24 heard a request from China to establish a panel in its dispute against the EU's countervailing duties on new battery electric vehicles from China. The DSB "took note" of statements made by China and the EU and said it would "revert to this matter should a requesting member wish to do so."
The Department of the Treasury last week dropped sanctions against cryptocurrency mixer Tornado Cash following a review of the "novel legal and policy issues raised by use of financial sanctions against financial and commercial activity occurring within evolving technology and legal environments." Treasury told a Texas court it removed Tornado Cash from the Specially Designated Nationals and Blocked Persons list, arguing that a case against the sanctions listing should now be briefed on whether the issue is moot (Van Loon, et al. v. Department of the Treasury, W.D. Tex. # 23-00312).
The following lawsuit was filed recently at the Court of International Trade:
The Court of International Trade remanded the Commerce Department's 2017 review of the countervailing duty order on multilayered wood flooring from China. In a March 24 confidential decision, Judge Timothy Reif gave the parties until March 31 to review the confidential information in the decision. Parties in the case sparred on Commerce's use of only one mandatory respondent in the review (see 2403110048). After a previous remand requested by Commerce to consider a U.S. Court of Appeals for the Federal Circuit decision requiring the use of more than one respondent where multiple companies request a review, the agency said it could use only one respondent here, given the "case-specific circumstances" (see 2304030049) (Jiangsu Senmao Bamboo and Wood Industry Co. v. United States, CIT Consol. # 20-03885).
Wisconsin man Gary Barnes doesn't have constitutional or prudential standing to challenge the president's right to impose tariffs, the U.S. argued in a March 21 motion to dismiss at the Court of International Trade. The government claimed that Barnes failed to "allege a particularized and concrete injury to himself," and instead claimed that "unidentified American consumers more generally" will be harmed by the supposed constitutional violations the president commits when imposing tariffs (Gary Barnes v. United States, CIT # 25-00043).