The Commerce Department and the International Trade Commission published the following Federal Register notices May 1 on AD/CVD proceedings:
The Commerce Department published notices in the Federal Register May 1 on the following AD/CV duty proceedings (any notices that announce changes to AD/CV duty rates, scope, affected firms or effective dates will be detailed in another ITT article):
The U.S. Appeals Court for the D.C. Circuit granted Meta's unopposed motion to hold its appeal against the FTC in abeyance until 21 days after the U.S. Supreme Court issues its decision in SEC v. Jarkesy, said a clerk's order Tuesday (docket 24-5054). The underlying Meta-FTC case in the district court similarly has been stayed (see 2404180029). The D.C. Circuit appeal arises from the district court’s denial of Meta’s motion for a preliminary injunction to block the FTC’s administrative proceeding into its privacy practices. In the same decision, the district court also denied the FTC’s motion to dismiss. The district court denied that motion without prejudice, concluding that it would be premature to dismiss Meta’s claims before SCOTUS has issued its decision in Jarkesy, as it’s possible that the SCOTUS decision may have some bearing on the Meta-FTC case. Though Jarkesy involves a different agency, it concerns many of the same constitutional challenges asserted by Meta against the FTC, said Meta's motion Monday. The D.C. Circuit should similarly stay the appeal pending the Supreme Court’s Jarkesy decision, it said. Holding the appeal in abeyance temporarily will accomplish the goal of judicial efficiency in at least two ways, it said. First, granting the stay will allow the parties to brief the appeal with the benefit of the Supreme Court’s ruling, it said. Second, within weeks of the Jarkesy decision, the parties must determine next steps in the district court action, including whether the FTC will renew its motion to dismiss, it said. A second motion to dismiss “has the potential to give rise to a second appeal raising similar questions concerning the state of the law and how it applies to Meta’s claims,” it said. It thus may provide an opportunity for the parties to discuss “whether the instant appeal should continue to be held in abeyance pending resolution of that motion,” it said. An abeyance to give the parties time to determine the best course forward “will therefore accomplish judicial efficiency,” it said. Meta alleges that the FTC is structured so that in “administrative adjudications,” including the proceeding against Meta, the agency “has a dual role as prosecutor and judge,” in violation of the due process clause. It also alleges that FTC commissioners exercise executive authority while being “unconstitutionally insulated from removal” by the president. The questions at stake in Jarkesy (docket 22-859) include whether the statutory provisions that empower the SEC to initiate and adjudicate administrative enforcement proceedings violate the Seventh Amendment. Also at stake is whether statutory provisions that authorize the SEC to choose to enforce the securities laws through an agency adjudication instead of filing a district court action violate the nondelegation doctrine. The case also asks whether Congress violated Article II by granting for-cause removal protection to administrative law judges in agencies whose heads enjoy for-cause removal protection.
The Commerce Department has published the final results of the antidumping duty administrative review on multilayered wood flooring from China (A-570-970). These final results will be used to set final assessments of AD duties on importers for subject merchandise entered Dec. 1, 2021, through Nov. 30, 2022.
The Commerce Department has published the preliminary results of its antidumping duty administrative review on alloy and certain carbon steel threaded rod from China (A-570-104). The agency assigned Ningbo Dongxin High-Strength Nut Co., Ltd., the only company remaining under review, an AD rate of 35.1%. If the agency's finding is continued in the final results, importers of subject merchandise from Ningbo Donxin entered April 1, 2022, through March 31, 2023, will be assessed AD at that 35.1% rate. An AD cash deposit rate of 35.1% would take effect for Ningbo Dongxin upon publication of the final results of this review in the Federal Register, currently set for September.
The U.S. opposed solar panel exporters’ motion for judgment in a case on an antidumping duty review on certain crystalline silicon photovoltaic products from China, saying that the Commerce Department had been right to only adjust a mandatory respondent’s antidumping duty by countervailing subsidy duties on the export-contingent programs used by the respondent (Trina Solar v. U.S., CIT # 23-00213).
The State Department on April 30 released proposed regulations to implement an exemption from International Traffic in Arms Regulations licensing requirements for Australia and the U.K. under the Australia-U.K.-U.S. (AUKUS) Enhanced Trilateral Security Partnership.
If Montana’s statewide TikTok ban, SB-419, were to go into effect, it would shut down “a unique and popular platform for speech” used by “several hundred thousand” Montanans, said TikTok’s answering brief Monday (docket 24-34) in the 9th U.S. Circuit Appeals Court. Montana Attorney General Austin Knudsen’s (R) appeal seeks to vacate the district court injunction that blocks him from enforcing SB-419 (see 2403020001).
The International Trade Commission published notices in the April 30 Federal Register on the following 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 and the International Trade Commission published the following Federal Register notices April 30 on AD/CVD proceedings: