The Court of International Trade on May 21 held a second hearing in as many weeks on the legality of tariffs imposed under the International Emergency Economic Powers Act. The same three judges, Jane Restani, Gary Katzmann and Timothy Reif, pressed both the government and counsel for 12 U.S. states challenging all IEEPA tariff actions on whether the statute allows for tariff action, as well as whether the courts can review if the declared emergencies are "unusual and extraordinary" and the extent to which the case is guided by Yoshida International v. U.S. (The State of Oregon v. Donald J. Trump, CIT # 25-00077).
A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website May 20, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at CBP's ADCVD Search page.
CBP issued the following releases on commercial trade and related matters:
The U.S. District Court for the Northern District of Florida on May 20 transferred a case challenging certain tariffs imposed under the International Emergency Economic Powers Act to the Court of International Trade. Judge T. Kent Wetherell largely rested his decision on Yoshida International v. U.S. -- the nearly 50-year-old decision sustaining President Richard Nixon's 10% duty surcharge imposed under the Trading With the Enemy Act, IEEPA's predecessor (Emily Ley Paper d/b/a Simplified v. Donald J. Trump, N.D. Fla. # 3:25-00464).
More than 40 companies and trade groups, from businesses with 26 employees to one with 32,000, are asking that 25% Section 232 tariffs on steel and aluminum be applied to hundreds of "derivative" products made by foreign competitors.
The Bureau of Industry and Security posted the requests it has received for new products to be included as derivatives subject to Section 232 tariffs on steel and aluminum products. The release of the requests starts a two-week comment period for the potential inclusions, with comments on each due June 4.
Acting Chairman of the Securities and Exchange Commission Mark Uyeda recently suggested that the U.S. government should reconsider the effectiveness of reporting requirements under the SEC's conflict minerals rule as a tool to safeguard against human rights abuses in Africa.
A Federal Maritime Commission administrative law judge has approved a confidential agreement to settle allegations by U.S.-based protective equipment supplier AirBoss Defense Group that non-vessel-operating common carrier FedEx Trade Networks Transport & Brokerage and ocean carrier Mediterranean Shipping Co. charged unfair demurrage and detention fees, according to an FMC notice released May 15.
The International Trade Commission published notices in the May 20 Federal Register on the following antidumping and countervailing duty (AD/CVD) injury, Section 337 patent or other trade proceedings (any notices that warrant a more detailed summary will be in another ITT article):
The International Trade Commission seeks comments by May 28 on a Section 337 complaint alleging that imports of absorption refrigeration systems and components infringe patents held by Fridge Defend, it said in a notice set for May 20 publication. According to the complaint, the Fridge Defend is seeking a general exclusion order and cease and desist orders against 10 Chinese companies to bar from entry "certain boiler protection for absorption refrigeration systems" that violate its patents. Fridge Defend described the offending products as "innovative absorption refrigeration boiler temperature controllers for recreational vehicle (RV) refrigerators."