Two former general counsels from the Office of the U.S. Trade Representative disagreed sharply about the need for the current aggressive tariff hikes. But Jennifer Hillman, who is helping to write amicus briefs for members of Congress challenging the legality of International Emergency Economic Powers Act tariffs, and Steven Vaughn, who served in the first Trump administration, agree what would happen if the current administration loses the case.
The Court of International Trade called on future litigants to address the "various problems of interpretation" posed by the Commerce Department's subassemblies provision in its antidumping duty and countervailing duty orders. In a pair of decisions issued June 25, Judge Timothy Stanceu said the current construction of the provision can lead to "unreasonable, and even absurd, results."
The following lawsuits were filed at the Court of International Trade during the week of June 16-22:
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 9th Circuit on June 23 upheld a jury's determination that importer Sigma Corp. is liable under the False Claims Act for lying about whether its imports were subject to antidumping duties. Judges Michelle Friedland and Mark Bennett said no errors of law were made against Sigma and that the federal district court, not the Court of International Trade, had jurisdiction in the case (Island Industries v. Sigma Corp., 9th Cir. # 22-55063).
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 following lawsuits were filed at the Court of International Trade during the week of June 9-15:
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 Senate version of the tax bill moving through Congress cut out two trade-related provisions that passed the House -- one, which would end de minimis for all imports in July 2027, and the other, curtailing drawback for tobacco products.
The Commerce Department issued notices in the Federal Register on its recently initiated antidumping and countervailing duty investigations on hardwood and decorative plywood from China (A-570-211/C-570-212), Indonesia (A-560-844/C-560-845) and Vietnam (A-552-851/C-552-852). The CVD investigations cover entries for the calendar year 2024. The AD investigation on Indonesia covers entries April 1, 2024, through March 31, 2025, and the AD investigations on China and Vietnam cover entries Oct. 1, 2024, through March 31, 2025.