The U.S. Court of Appeals for the Federal Circuit on June 12 issued mandates in two trade cases. In one, it said the Court of International Trade cannot order the reliquidation of finally liquidated entries except where a protest has been filed or a civil action has been filed challenging an antidumping duty or countervailing duty determination (see 2504210029). The court said the statute, 19 U.S.C. 1514, doesn't let the trade court order reliquidation based on equitable considerations. In the other case, the court affirmed the Commerce Department's decision to adjust wind tower exporter Dongkuk S&C Co.'s steel plate input costs based on price fluctuations unrelated to the plate's physical characteristics in the input's price over time (see 2504210022) (Target Corp. v. United States, Fed. Cir. # 23-2274) (Dongkuk S&C Co. v. United States, Fed. Cir. # 23-1419).
The Court of International Trade on June 13 granted importer Canadian Solar (USA)'s bid to voluntarily dismiss its case claiming CBP illegally collected duties on bifacial solar panels after CIT struck down the first Donald Trump administration's revocation of a tariff exclusion on bifacial solar panels. Canadian Solar originally brought the suit in 2022 to claim that CBP no longer can require the importers to pay the safeguard tariff on bifacial solar panels after CIT found the revocation to be illegal (see 2210070084). However, the U.S. Court of Appeals for the Federal Circuit ultimately reversed the trade court's decision after Canadian Solar filed suit, allowing the U.S. to reverse the tariff exemption and put the tariff back in place (see 2408130019) (Canadian Solar (USA) v. United States, CIT # 22-00295).
Importer Monarch Metals told the Court of International Trade that its stainless steel wire imports are products of Japan and not China, meaning its goods were improperly subjected to Section 301 and Section 232 tariffs. In a complaint filed June 13, Monarch Metals said that under CBP's prior application of the substantial transformation test to steel wire, no substantial transformation occurs by drawing steel rod into steel wire (Monarch Metals v. United States, CIT # 24-00266).
Plaintiffs in the case challenging tariffs under the International Emergency Economic Powers Act now before the U.S. Court of Appeals for the D.C. Circuit proposed a briefing schedule that would end briefing on the same date as briefing is set to conclude in the IEEPA tariff case before the U.S. Court of Appeals for the Federal Circuit. The U.S. opposed the proposed schedule, urging the court to accept the schedule previously agreed to by the parties, which would end briefing on Aug. 8 (Learning Resources v. Trump, D.C. Cir. # 25-5202).
The Court of International Trade on June 12 sustained the Commerce Department's decision to prorate the countervailing duty set for exporter The Ancientree Cabinet Co. in the CVD investigation on wooden cabinets and vanities from China to account for the percentage of its U.S. customers that failed to verify non-use of China's Export Buyer's Credit Program. Judge Richard Eaton said Commerce's approach is supported by substantial evidence and is superior to using total adverse facts available against Ancientree due to the Chinese government's failure to supply information about the EBCP.
Panama formally accepted the World Trade Organization Agreement on Fisheries Subsidies on June 12, bringing the number of countries that have accepted the deal to 102. The WTO needs nine more countries to accept to get to two-thirds of the membership, the threshold for the agreement to take effect.
The Council of the EU on June 12 imposed tariffs on agricultural products and fertilizers from Russia and Belarus that weren't subject to the additional customs duties thus far imposed on related products. The council said the goal is to "reduce EU dependence on those imports" and "reduce Russian export revenues" in a bid to limit Russia's ability to fund its war against Ukraine.
Stephen Vaden, current judge on the Court of International Trade, was confirmed by the U.S. Senate to serve as deputy secretary of agriculture. The Senate confirmed Vaden with a 51-44 vote split exactly down party lines. Five senators -- Ted Budd, R-N.C., Jon Ossoff, R-Ga., Thom Tillis R-N.C., Ruben Gallego, D-Ariz., and Jack Reed, D-R.I., -- didn't take part in the vote.
Importer American Eel Depot severed various entries from two of its cases at the Court of International Trade contesting the imposition of Section 301 duties on its frozen roasted eel entries (see 2106110061). American Eel brought its cases in 2021 to challenge CBP's denial of its protests claiming its eel imports originate in Europe and thus shouldn't be subject to the Section 301 tariffs on China. In one case, American Eel severed one entry from the case, and in another, it severed 22 entries from the case. In the first case, only one entry remains challenged by the importer, while 16 remain challenged in the second case. The company said it determined the entries shouldn't be included in the cases upon "further review." Counsel for the importer declined to comment (American Eel Depot v. United States, CIT #s 21-00278, -00279).
Importer Meyer Corporation U.S. and the U.S. traded supplemental briefs last week following a bench trial at the Court of International Trade on whether Meyer's cookware imports are entitled to first sale valuation (Meyer Corporation U.S. v. United States, CIT # 13-00154).