Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The case against the lists 3 and 4A tariffs is unlikely to be heard by the Supreme Court or the full U.S. Court of Appeals for the Federal Circuit, and the recent decision from the Federal Circuit upholding the tariffs likely gives the Trump administration greater confidence in using tariff authorities other than the International Emergency Economic Powers Act, various attorneys told us.
The Court of International Trade on Sept. 25 sustained CBP's finding that importer Blue Pipe Steel Center evaded the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand. Judge Timothy Reif upheld CBP's decision to set the "effective date of the evasion determination" at the start date for the period of investigation rather than the date the Commerce Department found Blue Pipe's product to fall within the scope of the AD order.
The U.S. Court of Appeals for the Federal Circuit on Sept. 25 upheld the lists 3 and 4A Section 301 tariffs on China, finding them to be a valid exercise of authority under Section 307(a)(1)(C). CAFC Judges Todd Hughes and Alan Lourie, along with Eastern District of Texas Judge Rodney Gilstrap, sitting by designation, held that the statute's permission to "modify" Section 301 action where it's "no longer appropriate," allows the U.S. trade representative to ramp up the tariffs if the original action is "insufficient" to achieve its "stated purpose."
The U.S. Court of Appeals for the Federal Circuit on Sept. 23 directed the Court of International Trade to transfer a certain physical exhibit to the appeals court in importer Cozy Comfort's customs case on the classification of its oversized pullover, The Comfy. Cozy moved the Federal Circuit without opposition to transfer a physical sample of The Comfy and its retail packaging to the court so the sample is "available for inspection by this Court and the parties at oral argument" (Cozy Comfort v. United States, Fed. Cir. # 25-1889).
The U.S. Court of Appeals for the Federal Circuit on Sept. 25 upheld the Lists 3 and 4A Section 301 tariffs. CAFC Judges Todd Hughes and Alan Lourie, along with Judge Rodney Gilstrap of the Eastern District of Texas, who was sitting by designation, said the tariffs were a valid exercise of the government's authority under Section 307(a)(1)(C), which lets the U.S. Trade Representative "modify or terminate any action" taken under Section 301, where such action is "no longer appropriate."
Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The U.S. filed its opening brief at the Supreme Court on Sept. 19 in the lead cases on the legality of tariffs imposed under the International Emergency Economic Powers Act. Solicitor General D. John Sauer said the reciprocal tariffs and tariffs on China, Canada and Mexico meant to stop the flow of fentanyl are a valid exercise of IEEPA, adding that the tariffs are a proper expression of presidential policymaking in emergency situations.
Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.