CBP wants the Court of International Trade to grant its voluntary remand request to reconsider its final determination in an antidumping and countervailing duty evasion case. The U.S. said the remand would allow CBP to consider the issues raised by plaintiff Fedmet Resources, including scope-related and due process arguments. Fedmet signed off on the remand request while the defendant-intervenor Magnesia Carbon Bricks Fair Trade Committee didn't directly oppose it.

The fight over the C band shows a recurring pattern on spectrum decisions, with agencies and incumbents raising new objections after the FCC makes a decision, officials said during a CES 5G panel, streamed from Las Vegas Thursday. “We shouldn’t see agencies fighting on CNN,” said Asad Ramzanali, legislative director to Rep. Anna Eshoo, D-Calif.: “That’s not a good thing.” None of the FCC commissioners attended CES. Commissioner Nathan Simington was scheduled to speak on the 5G panel but was unable to attend, officials said.

SVS CEO Gary Yacoubian wants people to imagine waking up one morning, and finding "your cost of goods just went up by 15%” overnight, he told a CES 2022 trade and supply chain workshop Wednesday on the Section 301 tariffs on finished speakers and subwoofers that SVS imports from China. Speakers and subwoofers with List 4A tariff exposure were originally dutied at 10% when they took effect in September 2019 (see 1908160014), and were later raised to 15%, then cut to 7.5% with the February 2020 enactment of the phase one trade deal with China.

The Department of Justice opposed logistics company Lineage Logistics Holdings' bid to appear in a case over Jones Act violations, arguing that the proposed amicus brief filing does not raise any new issues, instead giving "additional perspectives on arguments already advanced." Urging the court to deny the proposed brief entry into the case, DOJ told the court to look at other pleadings "for more detailed and thorough exploration of the issues" (Kloosterboer International Forwarding LLC, et al. v. United States, D. Alaska #3:21-00198).

Gary Yacoubian, CEO of high-end speaker company SVS wants people to imagine going to bed one night, “and you wake up the next morning, and your cost of goods just went up by 15%,” he told a CES 2022 trade and supply chain workshop Jan. 5 of the Section 301 tariffs on finished speakers and subwoofers his company imports from China. Speakers and subwoofers with List 4A tariff exposure were originally dutied at 10% when they took effect in September 2019, and were later raised to 15%, then cut to 7.5% with the February 2020 enactment of the phase one trade deal with China.

Section 232 allows the president to expand tariff action beyond procedural time limits laid out in the law, as he did when he expanded the tariffs to cover steel and aluminum derivatives over a year after the tariffs were initially imposed, the Department of Justice told the U.S. Court of Appeals for the Federal Circuit in its Jan. 3 brief. Relying heavily on a recent CAFC opinion on an increase of tariffs on Turkish steel, DOJ said the president is allowed to expand Section 232 tariffs to products beyond the ones laid out in the original commerce secretary report as long as it's part of the original "plan of action" (PrimeSource Building Products v. U.S., Fed. Cir. #21-2066).

Verizon and AT&T are poised to turn on their 5G C-band operations this week, a month after agreeing to a delay until Wednesday. Analysts speculated that the biggest potential threat to that start is the FAA or aviation industry going to court to seek a stay. Airlines For America (A4A) asked the FCC late last week for a stay and warned of a legal challenge if the agency doesn’t act. Transportation Secretary Pete Buttigieg asked the carriers to extend their pause.

Big Tech’s entry into payment services could strengthen platform monopoly power, FTC Chair Lina Khan and consumer advocates told the Consumer Financial Protection Bureau in comments last week.

The U.S. Court of Appeals for the Federal Circuit should uphold a lower court ruling establishing that the Commerce Department can apply total adverse facts available for a mandatory respondent's failure to provide its factors of production (FOP) data on a control number (CONNUM)-specific basis in an antidumping duty case, the Department of Justice argued in a Dec. 22 brief. DOJ said that the Court of International Trade correctly held that Commerce's requirement for CONNUM-specific reporting isn't subject to notice-and-comment rulemaking requirements, as the plaintiff-appellant Shanxi Pioneer Hardware Industrial argues, but rather an exercise of Commerce's discretion (Xi'an Metals & Minerals Import & Export Co. v. U.S., Fed. Cir. #21-2205).

WideOpenWest and movie production companies suing it for secondary copyright infringement liability are at odds over attempts to get the names and addresses of thousands of WOW broadband subscribers. The plaintiffs told the U.S. District Court in Denver in a reply (docket 21-cv-1901) last week that WOW counsel never raised in discussions the time burden issue it's now bringing up. They said the court already ruled the plaintiffs can't use the identifications to bring other lawsuits, though WOW still claims that's the motivation. WOW said in its opposition last month it "would be extremely costly and labor-intensive" to ID the subscribers at issue and send them notice of a court order. WOW said if it needs to address its safe harbor defense, it would produce documents and information showing the stages of its Digital Millennium Copyright Act process, up to terminating subscribers' accounts, and no part of the inquiry requires discovery about the identities of individual accused infringers.