During oral argument Tuesday in federal court regarding consolidated challenges to the FTC's "click-to-cancel" rule, judges pressed the agency about its failure to conduct a preliminary regulatory analysis (PRA). NCTA, the U.S. Chamber of Commerce and others petitioned the 8th U.S. Circuit Court of Appeals regarding the rule (see 2411220029), which is aimed at making it easier to cancel negative option contracts where consumers have to actively opt out of monthly subscriptions. The rule was adopted last year, and the compliance deadline is July 14 (see 2505120004).
The International Trade Commission published notices in the June 10 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 Commerce Department is ending its antidumping duty investigation on large top mount combination refrigerator-freezers from Thailand (A-549-853), after the domestic producer that sought the investigation withdrew its AD petition, Commerce said in a notice released June 10. Electrolux Consumer Products withdrew its petition at the end of May. Commerce will refund all AD cash deposits collected during the investigation, which had been imposed following Commerce’s affirmative preliminary determination Jan 29, 2025 (see 2501290030). The agency also will direct CBP to end suspension of liquidation for large top-mount refrigerator-freezers from Thailand.
The Commerce Department and the International Trade Commission published the following Federal Register notices June 10 on AD/CVD proceedings:
Rep. Dan Goldman, D-N.Y., co-chairman of the Congressional Public Broadcasting Caucus, is seeking to strip out a proposal to claw back CPB’s $1.1 billion in advance funding for FY 2026 and FY 2027 from the 2025 Rescissions Act (HR-4). The lower chamber moves toward GOP leaders’ expected push to pass the measure this week (see 2506030065). Meanwhile, the U.S. District Court for the District of Columbia on Sunday rejected a preliminary injunction request from a trio of CPB board members who are challenging Trump’s disputed April move to fire them (see 2504290067).
The Court of International Trade on June 9 sent back a Commerce Department scope ruling excluding exporter Cheng Shin Rubber Industry's temporary-use spare tires (T-type tires) from the scope of the antidumping duty order on passenger vehicle and light truck tires from Taiwan. Judge Jennifer Choe-Groves said Commerce improperly added a requirement in the order's scope that the tires be of "regular use," since this term doesn't appear in the "statutory language" and is "belied by the terms of the Order itself."
The U.S. disagreed May 30 with an importer’s claim that the Commerce Department’s post-remand scope ruling on wood mouldings and millwork products expanded relevant antidumping duty and countervailing duty orders to cover “an infinite universe of products.” The orders are simply intentionally broad, it said (Hardware Resources v. United States, CIT # 23-00150).
A federal judge granted an injunction against the Office of Personnel Management (OPM) on Monday, ruling that DOGE employees violated the rights of federal employees when they gained access to their legally-protected sensitive information stored in OPM's systems. The judge, Denise Cote, said she would outline the injunction's scope at a later date.
A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website June 6, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at CBP's ADCVD Search page.
The Commerce Department has published the final results of the antidumping duty administrative review on corrosion inhibitors from China (A-570-122). Commerce said it made certain changes to its preliminary results in this review, substantially increasing the AD rates calculated from those found in the preliminary results, which were: 96.67% for the ATC group of companies, 96.04% for Nantong Botao Chemical, and 96.46% for the separate-rate qualifier not a mandatory respondent, Gold Chemical. These final results will be used to set final assessments of AD on importers for subject merchandise entered March 1, 2023, through Feb. 29, 2024.