President Donald Trump's use of the International Emergency Economic Powers Act (IEEPA) to enact his sweeping "retaliatory" tariffs (see 2504020086) has drawn serious speculation about whether the statute can serve as a proper basis for invoking the tariffs. Trade lawyers told us that potential issues arising from the use of IEEPA include the existence of tariff-making authority to address trade deficits under Section 122 of the Trade Act of 1974, the "major questions" doctrine and the way in which the tariffs were calculated.
The International Trade Commission published notices in the April 2 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):
Suspension of liquidation and countervailing duty cash deposit requirements took effect April 3 for imports of overhead door counterbalance torsion springs from China (C-570-187) and India (C-533-937) after the Commerce Department found countervailable subsidization in preliminary determinations in its ongoing CVD investigations.
NetChoice urged the U.S. District Court for Middle Tennessee Tuesday to follow the recent decision in NetChoice, LLC v. Griffin and grant a preliminary injunction against a law requiring age verification before accessing social media accounts (see 2504010044).
The Commerce Department and the International Trade Commission published the following Federal Register notices April 2 on AD/CVD proceedings:
The Commerce Department published notices in the Federal Register April 1 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 has released the final results of the antidumping duty administrative review on hot-rolled steel flat products from South Korea (A-580-883). These final results will be used to set final assessments of AD on importers of subject merchandise entered Oct. 1, 2022, through Sept. 30, 2023.
The Commerce Department issued its final determinations in its countervailing duty investigations on ferrosilicon from Brazil (C-351-861), Kazakhstan (C-834-813) and Malaysia (C-557-829), after finding countervailable subsidization of producers and exporters in the three countries in the preliminary determinations of its CVD investigations. Suspension of liquidation is currently not in effect for entries on or after Jan. 8, 2025, and Commerce will require cash deposits of estimated CVD on future entries only if it issues a CVD order.
The Commerce Department issued its final determinations in the antidumping duty investigations on ferrosilicon from Brazil (A-351-860), Kazakhstan (A-834-812) and Malaysia (A-557-828). Suspension of liquidation and cash deposit requirements will continue for entries on or after Nov. 6, the date that the preliminary determinations were published in the Federal Register. Cash deposit rates set in these final determinations take effect March 28.
A domestic producer recently filed a petition with the Commerce Department and the International Trade Commission requesting new antidumping and countervailing duties on monomers and oligomers imported from South Korea and Taiwan. Commerce now will decide whether to begin AD/CVD investigations, which could result in the imposition of permanent AD/CVD orders and the assessment of AD and CVD on importers. Arkema, Inc. requested the investigation.