The U.S. Court of Appeals for the Federal Circuit on April 23 again rejected the Commerce Department's use of the Cohen's d test as part of its analysis to detect and address "masked" dumping. A day after the court resoundingly struck down the agency's use of the test in a separate case (see Ref:2504220030]), Judges Alan Lourie, William Bryson and Leonard Stark said they were bound by the court's day-old ruling.
Twelve U.S. states led by Oregon filed a lawsuit April 23 against all of President Donald Trump's tariffs imposed under the International Emergency Economic Powers Act. The states' complaint argues that Trump exceeded his authority as established in IEEPA, since the "annual U.S. goods trade deficits" are not an "unusual and extraordinary threat." The states also argue that neither the reciprocal tariffs, nor the tariffs on China, Canada and Mexico imposed to address drug trafficking, establish a sufficient nexus to the claimed emergencies (The State of Oregon v. Donald J. Trump, CIT # 25-00077).
Dominic Bianchi, former general counsel of the International Trade Commission, has joined Polsinelli as a shareholder in the firm's Section 337 litigation and trade remedies practice, the firm announced. Bianchi spent 24 years at ITC, serving as general counsel since 2013.
Thea Kendler, former assistant secretary for export administration at the Commerce Department's Bureau of Industry and Security, and Aiysha Hussain, Kendler's senior policy adviser, have joined Mayer Brown as partners in the international trade, national security and white-collar defense practices, the firm announced. Kendler served at BIS for three years, joining the agency from DOJ, where she worked as a trial attorney in the national security division. Hussain worked at Commerce since 2020, serving as senior counsel then senior policy adviser for export administration.
The U.S. Court of Appeals for the Federal Circuit's Clerk's Office and Circuit Library will be temporarily closed for public services and support from 1:30 p.m. to 4:30 p.m. EST on April 25, the court said. Nonelectronic filings can be submitted to the court's night drop box on H Street NW in Washington, and electronic filing will remain available.
The U.S. joined a case against importer Barco Uniforms, companies that supply Barco and the two individuals that control the suppliers for allegedly violating the False Claims Act by knowingly underpaying customs duties on apparel imports, DOJ announced. The suit was originally filed in 2016 under the FCA's whistleblower provision by Toni Lee, the former director of product commercialization at Barco. The U.S. intervened in the case, filing a complaint on April 11.
Four wheel exporters will appeal a February Court of International Trade decision sustaining the inclusion of trailer wheels made of Chinese rims and Thai discs in the scope of the antidumping duty and countervailing duty orders on steel trailer wheels from China. Filing four notices of appeal, exporters Asia Wheel Co., Lionshead Specialty Tire and Wheel, Trailstar and Dexter Distribution Group f/k/a Textrail said they will take the case to the U.S. Court of Appeals for the Federal Circuit. In the case, CIT Judge Gary Katzmann said that Commerce didn't illegally expand the scope of the orders since the agency left open the possibility in the original AD/CVD investigations to discuss mixed-origin wheels in a later scope ruling (see 2502210039) (Asia Wheel Co. v. United States, CIT Consol. # 23-00096).
Hoshine Silicon (Jia Xiang) Industry Co. has constitutional and statutory standing to challenge a withhold release order on silica-based products made by its parent company, Hoshine Silicon, or its subsidiaries, the Court of International Trade held in a decision made public April 22. However, Judge Claire Kelly dismissed Jiaxing Hoshine's claim against CBP's issuance of the WRO for being untimely, finding that it was brought after the statute of limitations had run out.
The Commerce Department cannot use the Cohen's d test to detect "masked" dumping when the "underlying data is not normally distributed, equally variable, and equally and sufficiently numerous," the U.S. Court of Appeals for the Federal Circuit held on April 22. Judges Sharon Prost, Richard Taranto and Raymond Chen said that it's "unreasonable" to use the test when it's applied to "data sets that do not satisfy the statistical assumptions."
The Court of International Trade on April 22 denied a group of five companies' application for a temporary restraining order against President Donald Trump's "reciprocal" tariffs imposed under the International Emergency Economic Powers Act. Judges Gary Katzmann, Timothy Reif and Jane Restani held that the companies "have not clearly shown a likelihood that immediate and irreparable harm would occur" before the court considers their motion for a preliminary injunction against the tariffs.