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. filed another defense of tariff action taken under the International Emergency Economic Powers Act last week at the Court of International Trade, more fulsomely embracing the notion that the president needs tariff-setting authority under IEEPA to address a host of foreign policy issues. Opposing a group of 11 importers' motion for judgment against the reciprocal tariffs and IEEPA tariffs on China, the government argued that "the success of the Nation" in "navigating and addressing a range of extremely consequential threats" is "built off the dispatch and unitary nature of the executive, girded by necessary tools," including IEEPA tariffs (Princess Awesome v. CBP, CIT # 25-00078).
The U.S. District Court for the District of Columbia on May 27 heard arguments concerning the government's motion to transfer a case challenging International Emergency Economic Powers Act tariffs to the Court of International Trade and two importers' bid for a preliminary injunction against the tariffs. Judge Rudolph Contreras asked the government about what remedy the court could impose should it find for the plaintiffs and about the merits of the importers' claim that IEEPA doesn't provide for tariffs (Learning Resources, Inc. v. Donald J. Trump, D. D.C. # 25-01248).
The European Parliament on May 22 endorsed a European Commission proposal that it said would exempt 90% of EU importers from the bloc's upcoming carbon border tax (see 2502060060). The new rules would mostly exclude small and medium-sized companies that import "only small quantities" of goods covered by the carbon border adjustment mechanism -- less than 50 metric tons of those goods per year.
The International Trade Commission published notices in the May 23 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 began a Section 337 investigation into allegations that Nvidia, Qualcomm, OnePlus Technology and Nothing Technology Limited are importing and selling integrated circuits and electronic devices that infringe patents held by Onesta IP, the ITC said in a notice to be published May 27. Onesta filed the complaint in April and is seeking a limited exclusion order and cease and desist orders against the respondents to bar from entry "certain integrated circuits, electronic devices containing the same, and components thereof" that violate the complainant's patents (see 2504230058).
The International Trade Commission began a Section 337 investigation on allegations that German company Fiagon and U.S. parent company Hemostasis are importing and selling balloon dilation devices that infringe patents held by Entellus Medical, Stryker Corporation, and Stryker Sales, the ITC said in a May 23 notice. Entellus and Stryker filed the complaint in April and are seeking a limited exclusion order and cease and desist orders against the respondents to bar from entry "certain balloon dilation devices, systems, and components thereof" that violate the complainants' patents (see 2504230061).
The Commerce Department published notices in the Federal Register May 23 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 slightly increased the antidumping duty rate applicable to some exporters of oil country tubular goods (OCTG) from India (A-533-857), it said in a correction to a notice of final results of the antidumping duty administrative review for the period Sept. 1, 2022, through Aug. 31, 2023, originally published May 13. The agency had set a zero percent AD duty cash deposit rate for Surya Roshni Ltd., but erroneously stated that the “all-others” cash deposit rate was zero percent, it said. That “all-others” cash deposit rate, which applies to all Indian exporters that have never received individual rates for their exports of OCTG from India, should be 0.6%, Commerce said. (See 2505120010 for a summary of the original final results of this review.)
The Commerce Department issued antidumping duty orders on epoxy resins from South Korea (A-580-919), Taiwan (A-583-876) and Thailand (A-549-850), and countervailing duty orders on epoxy resins from Taiwan (C-583-877) and South Korea (C-580-920). The orders set permanent antidumping and countervailing duties that will remain in place unless revoked by Commerce, which may take place only under certain conditions, such as a sunset or changed circumstances review. Commerce will now begin conducting annual administrative reviews, if requested, to determine final assessments of AD/CVD on importers and make changes to cash deposit rates.