The Supreme Court's decision in West Virginia v. EPA demands that the U.S. Court of Appeals for the Federal Circuit reconsider its decision finding that a protest with CBP is needed to retroactively apply Section 301 duty exclusions, the appellants and importers ARP Materials and Harrison Steel Castings argued in an Oct. 4 brief. Seeking reconsideration at the appellate court, ARP and Harrison said that the Federal Circuit's opinion does not consider the EPA case, which embraced the "major questions doctrine" -- the idea that federal agencies need explicit congressional approval to regulate issues fundamental to the economy (ARP Materials v. United States, Fed. Cir. #21-2176).
The following lawsuits were filed at the Court of International Trade during the week of Sept. 26 - Oct. 2:
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.
More than a dozen amendments involving trade have been proposed for the National Defense Authorization Act, a bill the Senate passes every year, and is expected to take up in a lame-duck session after the November election.
Tax credits for electric vehicles made in North America -- an element of the U.S. Inflation Reduction Act -- deals a "body-blow" to the World Trade Organization beyond anything doled out under the previous administration, John Magnus, president of Tradewins, said in a post on the International Economic Law and Policy Blog. The tax credit "clearly signals" that the government does not weigh WTO-consistency when making policy decisions, and anyone concerned about the legitimacy of the world's largest multilateral trade organization should be concerned since the U.S. widened the prospect of flouting the WTO's rules, the blog post said.
Tax credits for electric vehicles made in North America -- an element of the U.S. Inflation Reduction Act -- deals a "body-blow" to the World Trade Organization beyond anything doled out under the previous administration, John Magnus, president of Tradewins, said in a post on the International Economic Law and Policy Blog. The tax credit "clearly signals" that the government does not weigh WTO-consistency when making policy decisions, and anyone concerned about the legitimacy of the world's largest multilateral trade organization should be concerned since the U.S. widened the prospect of flouting the WTO's rules, the blog post said.
The following lawsuit was recently filed at the Court of International Trade:
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade in a pair of administrative orders extended both the preliminary injunction enjoining liquidation of unliquidated entries subject to the massive Section 301 litigation and the order telling the U.S. to refund duties should the Section 301 plaintiffs be successful in unassigned Section 301 challenges. In July 2021, the court temporarily suspended liquidation of the subject imports. Judge Mark Barnett extended this order via an administrative order to unassigned Section 301 cases.
The following lawsuits were recently filed at the Court of International Trade: