The International Trade Commission doesn't have to identify whether a surge of imports subject to antidumping duties has an adverse impact on the time period after which the final AD order is issued to make a critical circumstances finding, the U.S. Court of Appeals for the Federal Circuit held on Oct. 15. Judges Richard Taranto, Alan Lourie and Tiffany Cunningham said the relevant statutory provision, 19 U.S.C. 1673d(b)(4)(A)(i) "does not demand a determination focused on the time after the antidumping duty order issues."
Carrie Owens, former director of enforcement operations at CBP, has joined Kelley Drye as a partner in the international trade practice group, the firm announced. She will serve as co-chair of Kelley Drye's customs practice. Owens joins the private sector after two decades in federal government service, which began in 2005 when she started at the Commerce Department as a senior attorney. She went to CBP in 2010 as a branch chief and supervising attorney before being elevated to director in 2016.
Importer BASF Corporation will appeal a recent Court of International Trade decision regarding the proper tariff classification of BASF's food additive Betatene. In an August ruling, the trade court said the importer's product was properly classified under Harmonized Tariff Schedule heading 2106 as a dietary supplement (see 2509050057). CIT Judge Lisa Wang said that the products weren’t general-use “provitamins,” as BASF argued, because the preparation they underwent for tableting made them not suitable for general commercial use. BASF will take the case to the U.S. Court of Appeals for the Federal Circuit (BASF Corporation v. United States, CIt # 12-00422).
The International Trade Commission failed to adequately consider "key market data" when reaching an affirmative critical circumstances determination in the injury proceeding on low speed personal transportation vehicles from China, importer Vexas, doing business as Atlas, said in an Oct. 14 complaint at the Court of International Trade (Vexas v. United States, CIT # 25-00206).
The Commerce Department erred in its selection of a benchmark to value a subsidized lease provided to countervailing duty respondent Kaptan Demir Celik Endustrisi ve Ticaret's affiliate, Nur Gemicilik, Kaptan argued in an Oct. 11 complaint at the Court of International Trade (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, CIT # 25-00225).
The Supreme Court on Oct. 14 denied four members of the Blackfeet Nation's attempt to intervene in the lead cases on the legality of tariffs imposed under the International Emergency Economic Powers Act (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
Two trade associations -- the National Fisheries Institute and the Restaurant Law Center -- and 10 seafood importers challenged the National Marine Fisheries Service's comparability findings of 240 fisheries across 46 nations (see 2509020014), which will lead to an import ban on all seafood products from these fisheries effective Jan. 1, 2026, at the Court of International Trade (National Fisheries Institute v. United States, CIT # 25-00223).
The U.S. Court of Appeals for the Federal Circuit on Oct. 10 issued its mandate after affirming the final results of the 2019-20 administrative review of the antidumping duty order on aluminum wire and cable from China (see 2508190041). In August, the appellate court upheld the Commerce Department's decision to reject exporter Jin Tiong Electrical Materials Manufacturer's response to a separate rate questionnaire that already has been rescinded. The court said "Commerce has broad discretion to set and enforce its regulatory procedures and deadlines" (Repwire v. United States, Fed. Cir. # 23-1933).
The Commerce Department improperly attributed freight and marine insurance income to antidumping duty respondent Suncity Metals and Tubes during the 2022-23 administrative review of the AD order on Indian-origin welded stainless pressure pipe, the respondent argued in an Oct. 9 complaint at the Court of International Trade (Suncity Metals and Tubes v. United States, CIT # 25-00222).
Mediation in a customs suit at the Court of International Trade on CBP's detention of importer Inspired Ventures' tire entries didn't result in a settlement, Judge Claire Kelly said in a report of mediation filed on Oct. 9 (Inspired Ventures v. United States, CIT # 24-00062).