The Commerce Department illegally deducted Section 301 China tariff duties from exporter Neimenggu Fufeng Biotechnologies Co.'s U.S. price in the 2020-21 administrative review of the antidumping duty order on xanthan gum from China, Fufeng said in its Oct. 30 motion for judgment at the Court of International Trade. In addition, Fufeng argued that Commerce unlawfully valued the company's energy factors of productions and coal classifications, which Fufeng said skewed the dumping margins (Neimenggu Fufeng Biotechnologies Co. v. U.S., CIT # 23-00068).
CBP failed to apply an Office of the U.S. Trade Representative-granted Section 301 exclusion for "flexible pressure sensitive LCD display devices used as a surface for electronic wiring" to importer Kent Displays' merchandise, the importer told the Court of International Trade in an Oct. 27 motion for summary judgment. Kent argued that its Model WT16312 Dashboard is the type of device as described by the exclusion and, as such, should be free of the 25% Section 301 duties under Harmonized Tariff Schedule subheading 9013.80.7000 (Kent Displays v. United States, CIT # 20-00156).
The U.S. Court of Appeals for the Federal Circuit in an Oct. 20 order granted the U.S. request for 55 more days to file its reply brief in the massive Section 301 litigation, despite an objection from the plaintiff-appellants, led by HMTX Industries. The government's reply brief is now due Dec. 21 following the extension, which was the second of its kind following a 60-day extension (HMTX Industries v. United States, Fed. Cir. # 23-1891).
The U.S. asked for 55 more days to file its reply brief in the massive Section 301 litigation at the U.S. Court of Appeals for the Federal Circuit, which would make the brief due on Dec. 21. The extension request is the second of its kind from the government, after it received a 60-day extension from the court (see 2308140026). Counsel for the plaintiff-appellants, Pratik Shah and Matthew Nicely of Akin Gump, opposed the extension "absent some medical, family, or similar intervening justification," arguing that thousands of companies are still paying the large Section 301 duties. The plaintiff-appellants consented to the first extension (HMTX Industries v. U.S., Fed. Cir. # 23-1891).
Trade lawyers and importers are wondering how the anti-stockpiling element of a two-year pause on trade remedy circumvention deposits will be enforced.
Canada and the U.S. issued statements about a panel decision on softwood lumber under NAFTA's AD/CVD dispute chapter, but the antidumping duty case, which was brought years ago under NAFTA, not under its successor, is not posted on the USMCA Secretariat's docket, and neither country would share the ruling.
The Office of the U.S. Trade Representative, in a Federal Register notice published Sept. 29, asked for applications from people who would like to serve on panels that review final determinations in antidumping or countervailing duty proceedings and amendments to AD/CVD statutes of a USMCA Party. These people would be on the roster from April 1, 2024, through March 31, 2025. Applications are due by Nov. 30, and can be submitted at www.regulations.gov, docket number USTR-2023-0011.
International trade law firm Cassidy Levy hired Amy DeArmond, former director of government affairs at Leggett & Platt, to serve as the director of government affairs at the firm, Cassidy Levy announced in an email. DeArmond's experience centers on proceedings in front of the Commerce Department, the International Trade Commission, the Office of the U.S. Trade Representative, CBP and DHS. The firm said she helped put together a coalition strategy to "secure passage of the Trade Facilitation and Trade Enforcement Act of 2015."
U.S. Trade Representative Katherine Tai laid out her priorities for reforming the World Trade Organization, providing concrete options that the U.S. and other WTO members can take to reinvigorate the international trade forum. In a Sept. 22 speech at the Center for Strategic and International Studies, Tai said that the biggest tenets of WTO reform revolve around "improving transparency," rebuilding the body's ability to negotiate new rules for new challenges and dispute settlement reform.
The Office of the U.S. Trade Representative said India will reduce tariffs on fresh, frozen, dried or processed blueberries and cranberries, and will reduce tariffs on frozen turkey and duck.