The FDA issued a final rule Sept. 25 that will set a 10-day deadline for submissions of prior notices for food shipments refused because of no prior notice or an inaccurate one, and a 30-day deadline for submissions of food facility registrations (FFR) for shipments held because a facility is unregistered. The changes take effect Oct. 27.
The U.S. Court of Appeals for the Federal Circuit on Sept. 25 upheld the Lists 3 and 4A Section 301 tariffs. CAFC Judges Todd Hughes and Alan Lourie, along with Judge Rodney Gilstrap of the Eastern District of Texas, who was sitting by designation, said the tariffs were a valid exercise of the government's authority under Section 307(a)(1)(C), which lets the U.S. Trade Representative "modify or terminate any action" taken under Section 301, where such action is "no longer appropriate."
President Donald Trump posted on social media that a new round of tariffs will begin Oct. 1, on kitchen cabinets, bathroom vanities, upholstered furniture, brand-name pharmaceuticals and heavy trucks. He said the tariffs on cabinets and vanities, furniture and heavy trucks are for national security purposes.
The U.S. Court of Appeals for the Federal Circuit on Sept. 25 upheld the lists 3 and 4A Section 301 tariffs on China, finding them to be a valid exercise of authority under Section 307(a)(1)(C). CAFC Judges Todd Hughes and Alan Lourie, along with Eastern District of Texas Judge Rodney Gilstrap, sitting by designation, held that the statute's permission to "modify" Section 301 action where it's "no longer appropriate," allows the U.S. trade representative to ramp up the tariffs if the original action is "insufficient" to achieve its "stated purpose."
The Federal Maritime Commission is reviewing a federal court decision issued this week that said the FMC’s 2024 demurrage and detention billing rule (see 2402230049) arbitrarily and capriciously exempted motor carriers from being assessed those fees (see 2509230039). "The Commission is reviewing the court's opinion and will take appropriate action going forward," a commission spokesperson said in a Sept. 24 email.
The International Trade Commission published notices in the Sept. 24 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 International Trade Commission seeks comments by Oct. 2 on a Section 337 complaint alleging that imports of vaporizer devices infringe patents held by NJOY, Altria and their subsidiaries, it said in a notice released Sept. 24. According to the complaint, NJOY is seeking a limited exclusion order and cease and desist orders against Juul Labs, Inc. to bar from entry "certain vaporizer devices, cartridges used therewith, and components thereof" that violate its patents. This is the latest in a series of dueling Section 337 complaints by NJOY and Juul, and the ITC is currently investigating a similar complaint by Juul filed in August (see 2509100017).
The Commerce Department published notices in the Federal Register Sept. 24 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 soon will suspend liquidation and impose countervailing duty cash deposit requirements on imports of silicon metal from Australia, Laos, Norway and Thailand, it said in a Sept. 23 fact sheet. Commerce will set the CVD rate at 41.31% for all Australian exporters, at 240% for all Laotian exporters, at 16.87% for all Norwegian exporters, and at 31.27% for all Thai exporters, the agency said as it announced its preliminary determinations in its ongoing CVD investigation. Suspension of liquidation and cash deposit requirements will take effect for entries on or after the date of publication of the preliminary determinations in the Federal Register, which should occur in the coming days. Commerce is conducting concurrent antidumping duty investigations on the same product from Australia and Norway, with a preliminary determination expected by Nov. 20.
The Commerce Department has released the final results of the antidumping duty administrative review on stainless steel plate in coils from Belgium (A-423-808). These final results will be used to set final assessments of AD on importers for entries May 1, 2023, through April 30, 2024.