International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The U.S. Court of Appeals for the D.C. Circuit on Sept. 23 set aside part of the Federal Maritime Commission's rule limiting the parties against whom "demurrage and detention" fees may be assessed. Judges Sri Srinivasan, Robert Wilkins and J. Michelle Childs held that the commission arbitrarily and capriciously exempted motor carriers from being assessed these fees, given the FMC's "stated rationale" to confine fees to parties who are in a "contractual relationship with the billing party."
CBP failed to explain its finding that Dominican exporter Kingtom Aluminio made its aluminum extrusions with forced labor, the Court of International Trade held on Sept. 23. Vacating and remanding the forced labor finding, Judge Timothy Reif said the agency failed to "articulate a satisfactory explanation for its action” based on a “rational connection between the facts found and the choice made" in violation of the Administrative Procedure Act's arbitrary and capricious standard.
National Customs Brokers & Forwarders Association of America leadership raised concerns about the Section 232 tariff inclusion process and plans for an external revenue service in recent meetings on Capitol Hill and with agency officials, NCBFAA customs counsel Lenny Feldman said in an interview.
Global trade stakeholders must adopt a posture of trade facilitation where companies inform their governments on how to produce regulations that make it easier for companies to trade, according to Valerie Picard, head of trade for the International Chamber of Commerce, who spoke on a trade webinar last week hosted by vessel operator and logistics provider Maersk.
The International Trade Commission published notices in the Sept. 22 Federal Register on the following antidumping and countervailing duty injury, Section 337 patent or other trade proceedings (any notices that warrant a more detailed summary will be in another ITT article):
The Commerce Department published notices in the Federal Register Sept. 22 on the following antidumping and countervailing duty (AD/CVD) proceedings (any notices that announce changes to AD/CVD rates, scope, affected firms or effective dates will be detailed in another ITT article):
The Commerce Department issued its final determination in its countervailing duty investigation on hexamethylenetetramine (hexamine) from India (C-533-933). Suspension of liquidation is currently not in effect for entries on or after July 5, 2025, and Commerce will require cash deposits of estimated CVD on future entries only if it issues a CVD order.
The Commerce Department has released its final determinations in the antidumping duty investigations on hexamethylenetetramine (hexamine) from Germany (A-428-854), India (A-533-932) and Saudi Arabia (A-517-807). Cash deposit rates set in this final determination take effect Sept. 23.
On Sept. 19, the FDA posted new and revised versions of the following Import Alerts on the detention without physical examination of: