The U.S. Court of Appeals for the District of Columbia Circuit on July 5 rejected an order by the Federal Maritime Commission that said ocean carrier Evergreen Shipping Agency (America) Corp.'s detention charges collected from trucking company TCW were "unjust and unreasonable." FMC failed to meaningfully respond to Evergreen's arguments, the court said, and the responses the commission did offer were "implausible" (Evergreen Shipping Agency (America) Corp. v. Federal Maritime Commission, D.C. Cir. # 23-1052).

The European Union is setting preliminary countervailing duties on Chinese electric vehicles beginning on July 5, as expected (see 2406120008), the European Commission said. The rates are slightly lower than rates announced in early June, prior to negotiations between Chinese and EU officials that will still continue despite the imposition of CV duties. Revised CVD rates are 17.4% for BYD, 19.9% for Geely, 37.6% for SAIC, 20.8% for Chinese companies that cooperated but weren't individually investigated, and 37.6% for non-cooperating companies. Tesla, at its request, may receive its own individual rate in the EU's final determination, the European Commission said.

The EU on July 1 launched an antidumping investigation on imports of epoxy resins from China, South Korea, Taiwan and Thailand after receiving a complaint from a group of epoxy resin producers. The European Commission said it will investigate certain products “containing more than 35% by weight of epoxy resins, with certain exclusions, and it expects to conclude the investigation within one year. The epoxy resin producers, comprised of Olin Corp., Westlake Corp. and Spolchemie, said exporters from the four countries are “selling their products on the EU market at unfairly low prices that significantly undercut the prices of European producers.”

Canada this week began a review to decide whether it will extend its antidumping and countervailing duties on certain imported silicon metal from China, the Canadian International Trade Tribunal announced. The Canada Border Services Agency is expected to decide by Nov. 21 whether there will be a “likelihood of resumed or continued dumping or subsidizing” if the duties were to expire. If CBSA reaches a “positive determination,” the tribunal will decide by April 30 whether that dumping or subsidizing “is likely to result in injury to the domestic industry." The country last extended the duties in 2019.

The World Trade Organization's published agenda for the Dispute Settlement Body's June 24 meeting includes U.S. status reports on the implementation of DSB recommendations on: antidumping measures on certain hot-rolled steel products from Japan; antidumping and countervailing measures on large residential washers from South Korea; certain methodologies and their application to antidumping proceedings involving China; and Section 110(5) of the U.S. Copyright Act. Status reports also are expected from Indonesia on measures related to the import of horticultural products, animals and animal products and from the EU on measures affecting the approval and marketing of biotech products.

China this week launched an antidumping duty investigation on imports of pork and pork byproducts from the EU after receiving a request for the probe by the China Animal Husbandry Association, according to an unofficial translation of a Chinese Ministry of Commerce notice. The investigation will cover the period Jan. 1, 2023, through Dec. 31, 2023, and is scheduled to be completed by June 17, 2025, but may be extended. China said it will carry out the investigation “in accordance with the law, fully protect the rights of all stakeholders, and make an objective and fair ruling based on the investigation results.” The announcement came days after the EU said it would set new countervailing duties on Chinese electric vehicles (see 2406120008).

Canada's Trade Minister Mary Ng, under questions from parties to the left and right of her Liberal party, as well as the Québécois party, said the fact that there are outstanding disagreements between Canada and the U.S. on U.S. trade remedies on softwood lumber, on auto rules of origin and on Canadian dairy import restrictions does not mean that Canada will get big-footed in the free trade review.

The European Commission on June 12 provisionally set countervailing duties on Chinese electric vehicles, though there could still be changes before the provisional rates are posted, no later than July 4. The day after the publication, importers would need a guarantee to cover the amount of duties, but the duties themselves would not be collected until the definitive duties are set, which could be as much as four months later. If a majority of countries in the EU vote against the duties, they wouldn't be levied.

Although the U.S. and the EU have been collaborating more closely on technology export controls and supply chain due diligence laws, there are still “massive questions” about whether those controls will extend to more mature-node semiconductors and how new EU supply chain laws are going to affect companies doing business in Europe, said U.S.-EU trade and security consultant Frances Burwell.

Even if the EU decides against imposing higher tariffs on Chinese electric vehicles in its ongoing countervailing duty probe (see 2310040012 and 2403150047), the bloc is likely to levy some sort of increased tariffs on Chinese EVs “in the future,” Taylor Wessing said in a June 3 client alert. The law firms said “observers believe” that the EU could raise those duties from the current 10-15% rate to about 30%.