The European Commission on June 19 decided to exclude Chinese companies from EU government purchases of medical devices exceeding $5.7 million following the first investigation under the EU's International Procurement Instrument. The decision allows no more than 50% of Chinese inputs for successful bids, the commission said. The EU said it will add exceptions "where no alternative suppliers exist."
The U.S. Court of Appeals for the D.C. Circuit on June 18 declined to tie the briefing schedule in the appeal on the legality of the tariffs imposed under the International Emergency Economic Powers Act to the briefing schedule in a similar appeal before the U.S. Court of Appeals for the Federal Circuit. As a result, briefing will conclude first at the Federal Circuit, with CAFC set to hear oral argument on July 31 (Learning Resources v. Donald J. Trump, D.C. Cir. # 25-5202).
The Court of International Trade on June 20 upheld the International Trade Commission's affirmative injury determination on oil country tubular goods from Argentina, Mexico, Russia and South Korea. Judge Jennifer Choe-Groves reviewed and sustained the ITC's decision to cumulate the imports from the four countries and its determination regarding the imports' "volume, price effects, and impact."
The Supreme Court on June 20 denied a motion from importers Learning Resources and Hand2Mind to expedite consideration of their petition to have the high court take up their lawsuit against tariffs imposed under the International Emergency Economic Powers Act (Learning Resources v. Trump, Sup. Ct. # 24-1287).
The European Commission on June 17 referred Portugal to the Court of Justice for failing to "fully transpose into national law" the EU directive "laying down the general arrangements for" excise duties on alcohol and alcoholic beverages. All EU member states were required to fully transpose the EU directive regarding the excise duties, yet Portugal has yet to do so, the commission said. The regulation "sets up an EU-wide certification system for small alcohol producers to facilitate their access to lower excise duty rates across the Union" and combats fraud by "clarifying the conditions for the application of the exemptions for alcohol not intended for human consumption." The commission said this "transposition gap" affects the "cross-border trade of alcohol" made by small producers of wine to other member states and of the alcohol not meant for human consumption.
An individual importer, Ricardo Vega, will receive refunds for a Porsche imported in 2023, according to a stipulated judgment filed at the Court of International Trade on June 17. Similarly, importers Yellowbird Enterprises and Vantage Point Services will receive refunds for duties paid on a Jaguar also entered in 2023.
The Court of International Trade on June 17 let exporter Toyo Kohan Co. amend its complaint in an antidumping duty case to add a claim against the Commerce Department's use of the Cohen's d test to detect "masked" dumping in light of the U.S. Court of Appeals for the Federal Circuit's decision rejecting Commerce's use of the test. Judge Jane Restani said the CAFC decision "fundamentally shifted the legal standard controlling" the agency's use of the test, meaning "justice requires" the exporter be allowed to raise its claim against the test.
The Court of International Trade on June 17 denied importer Global Aluminum Distributor's motion for attorney's fees in an Enforce and Protect Act case. Judge Richard Eaton held that the government's position in the EAPA case was "substantially justified" (H&E Home v. United States, CIT Consol. # 21-00337).
Only the Supreme Court can provide the "finality and certainty that America's businesses need" in ruling that the International Emergency Economic Powers Act doesn't provide for tariffs, libertarian advocacy group the Washington Legal Foundation argued in a June 18 amicus brief. Urging the high court to take up two importers' IEEPA suit prior to full review by the U.S. Court of Appeals for the D.C. Circuit, the foundation argued that IEEPA doesn't provide for tariffs and that only SCOTUS can "provide certainty and finality on that question" (Learning Resources v. Trump, Sup. Ct. # 24-1287).
U.S. Solicitor General John Sauer urged the Supreme Court to reject two importers' bid to have the high court hear their case on whether the International Emergency Economic Powers Act provides for tariffs on an expedited basis. Sauer said the importers, Learning Resources and Hand2Mind, haven't justified "such a stark departure from established practice," which would see the Supreme Court take up the case prior to the U.S. Court of Appeal for the D.C. Circuit weighing in (Learning Resources v. Trump, Sup. Ct. # 24-1287).