The Commerce Department reasonably found that antidumping duty petitioner Habich GmbH isn't affiliated with its North American sales agent and calculated normal value based on Habich's Mexican sales in the 2021-22 administrative review of the AD order on Austrian strontium chromate, the Court of International Trade held on Oct. 29.
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The Commerce Department improperly found that antidumping duty respondent Galvasid received but didn't report additional revenues for freight and insurance for its U.S. sales in the AD investigation on corrosion-resistant steel products from Mexico, Galvasid argued in an Oct. 27 complaint at the Court of International Trade. Galvasid said the agency's application of partial adverse facts available to the company's "reported U.S. gross unit prices to account for the allegedly unreported revenues" was arbitrary and capricious (Galvasid v. United States, CIT # 25-00234).
CBP unlawfully excluded two entries of Camel Energy's battery imports for being made with forced labor in China's Xinjiang province, Camel Energy argued in a complaint at the Court of International Trade. The importer said it's not on the Uyghur Forced Labor Prevention Act (UFLPA) Entity List, and the batteries in its entries weren't "mined, produced, or manufactured wholly or in part using forced labor in the" Xinjiang Uyghur Autonomous Region (XUAR) (Camel Energy v. United States, CIT # 25-00230).
A group of 36 senators and 171 representatives filed an amicus brief last week at the Supreme Court, challenging President Donald Trump's ability to impose tariffs under the International Emergency Economic Powers Act. All the signatories were members of the Democratic Party, save for Sen. Lisa Murkowski, R-Alaska (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
A group of 44 leading economists, including former Treasury Secretary Janet Yellen and four Nobel Prize winners, filed an amicus brief at the Supreme Court on Oct. 23 to contest President Donald Trump's reciprocal tariffs, arguing that the threat underlying the tariffs, sustained trade deficits, don't amount to an "unusual and extraordinary" threat to the U.S. economy, as required by 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).
Twenty-seven amicus briefs were filed at the Supreme Court on Oct. 24 in opposition to the ability of President Donald Trump to impose tariffs under the International Emergency Economic Powers Act, bringing to 35 the total number of amicus briefs filed at the high court against the tariffs. The amici are a mix of law professors, current and former government officials, policy advocacy groups, economists and individual companies.
The Court of International Trade on Oct. 22 denied the government's motion to stay judicial proceedings in a lawsuit from various seafood importers against the National Marine Fisheries Service's comparability findings of 240 fisheries across 46 nations. While the U.S. said the case should be stayed due to the federal government shutdown, Judge Joseph Laroski said the government's concerns regarding the shutdown, "while substantial, do not outweigh the urgency of judicial review" in this case due to the harm alleged by the importers (National Fisheries Institute v. United States, CIT # 25-00223).
The Commerce Department didn't properly support its decision to base antidumping duty respondent Toyo Kohan's date of sale for the company's U.S. sales on its shipment date in the 2022-23 review of the AD order on diffusion-annealed, nickel-plated flat-rolled steel products from Japan, the Court of International Trade held in a decision issued Oct. 23.
Two law professors focusing on sanctions law filed an amicus brief at the Supreme Court on Oct. 22 focusing on the history of the International Emergency Economic Powers Act. The professors, Fordham School of Law's Andrew Kent and University of Virginia School of Law's Paul Stephan, argued that IEEPA, which confers emergency powers for peacetime, doesn't let the president impose tariffs on imports and "stands in contrast" with the Trading With the Enemy Act, which "authorizes war powers" (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).