The U.S. government's "newfound" theory of jurisdiction in two importers' case against the legality of tariffs imposed under the International Emergency Economic Powers Act is "both convoluted and wrong," the importers, Learning Resources and Hand2Mind, argued in a reply brief at the U.S. Court of Appeals for the D.C. Circuit (Learning Resources v. Donald J. Trump, D.C. Cir. # 25-5202).
Four related exporters, led by Assan Aluminyum Sanayi ve Ticaret, filed a complaint at the Court of International Trade on July 23, arguing that the Commerce Department illegally decided to limit the full duty drawback adjustment to which Assan is entitled by statute in the 2022-23 administrative review of the antidumping duty order on aluminum foil from Turkey. The result of the review was a 2.34% AD rate for Assan (Assan Aluminyum Sanayi ve Ticaret A.S. v. United States, CIT # 25-00137).
Wisconsin resident Gary Barnes' motion to have the Court of International Trade set aside its decision to dismiss his case against the legality of tariffs imposed by President Donald Trump is an "unwarranted" motion for reconsideration, the U.S. said. Even if the motion is an amended complaint, as Judge Jennifer Choe-Groves said in ordering the government to respond, it fails to allege a "particularized, actual or imminent injury and should be dismissed," the U.S. said (Barnes v. United States, CIT # 25-00043).
The International Trade Commission failed to include processors of 2,4-dichlorophenoxyacetic acid (2,4-D) in the U.S. industry in an injury proceeding on imports of the product from China and India, importer Nufarm Americas argued in a July 18 complaint at the Court of International Trade. Nufarm added that the ITC largely ignored the fact that petitioner Corteva Agriscience "withdrew from the U.S. merchant market for 2,4-D acid and esters" to focus on making its patented downstream non-subject 2,4-D end use products" (Nufarm Americas v. United States, CIT # 25-00133).
The U.S. Court of Appeals for the D.C. Circuit on July 22 dismissed a lawsuit from eight Malian citizens against seven U.S. cocoa importers, which was filed under the Trafficking Victims Protection Reauthorization Act (TVPRA), for lack of standing. Judges Sri Srinivasan, Patricia Millett and Justin Walker held that the Malian citizens, who attempted to certify a class, failed to clearly allege facts showing the "causal connection between" the importers' "alleged supply chain venture" and the laborers' forced child labor (Issouf Coubaly v. Cargill, D.C. Cir. # 22-7104).
The Court of International Trade on July 22 granted four importers' voluntarily dismissals of six cases challenging the 2021-22 reviews of the antidumping duty and countervailing duty orders on hardwood plywood products from China. In addition, the court dismissed importer Skyhigh Tech's case, per its request, challenging CBP's denial of its protest claiming its drones were improperly deemed excluded.
Exporter Camel Group defended its motion to unredact and re-designate part of the administrative record in its case against its placement on the Uyghur Forced Labor Prevention Act Entity List, arguing on July 18 that the government won't suffer harm if Camel Group's lawyers can share the documents with the company. The exporter claimed that the government's interest in shielding the documents is "tarnished by continued inconsistencies in its designation" (Camel Group Co. v. United States, CIT # 25-00022).
The U.S. Court of Appeals for the Federal Circuit on July 21 rejected a President Donald Trump-aligned amicus group's bid to file an additional amicus brief in the lead case on the legality of Trump's tariffs imposed under the International Emergency Economic Powers Act. In a per curiam order, all active judges on the court said the motion for leave to file an additional amicus brief "is denied as non-compliant with our scheduling order," which said all amicus briefs must be "filed on the same day as the principal brief of the party the amicus supports" (V.O.S. Selections v. Donald J. Trump, Fed. Cir. # 25-1812).
Conservative advocacy group the New Civil Liberties Alliance filed another lawsuit challenging the legality of the tariffs imposed under the International Emergency Economic Powers Act, arguing that IEEPA categorically doesn't allow for tariffs and that the tariffs imposed by President Donald Trump aren't "necessary" to address the declared emergencies. The alliance filed its suit on July 21 in the U.S. District Court for the Western District of Texas on behalf of outdoor cooking product maker FIREDISC, the Game Manufacturers Association and wood product maker Ryan Wholesale (FIREDISC, Inc. v. Donald J. Trump, W.D. Tex. # 25-01134).
The Commerce Department adequately supported its de facto specificity finding regarding Indian state-run coal supplier Coal India's provision of coal to respondent Hindalco Inndustries for less than adequate remuneration, the Court of International Trade held in a July 22 decision. In the ruling, Judge Joseph Laroski also upheld Commerce's decision to use U.N. Comtrade data as a benchmark for calculating the size of the coal subsidy in the 2020-21 administrative review of the countervailing duty order on common alloy aluminum sheet from India.