John Brew, co-chair of Crowell & Moring LLP’s international trade practice group, warns, “Allowing the executive branch to impose tariffs ‘when and how it wants’ has the potential to create a constitutional crisis.”
International Trade Cases To Watch In 2024 : Geopolitical Complications
Adding to the complexity, the growing intertwining of trade policy with geopolitics raises the stakes. Andrew Bisbas of Lowenstein Sandler LLP points out, “If you undermine the ability of the executive [branch] to use what have become kind of accepted foreign policy tools, diplomatic tools, national security tools… I think the appeals court will be hesitant to do that.”
Ninestar’s Battle Against CBP Evidence Withholding
In a high-stakes showdown reminiscent of a legal thriller, Chinese producers, led by Ninestar, confront the U.S. Customs and Border Protection (CBP) over evidence withholding. Accused of ties to Uyghur forced labor, Ninestar fights for justice, echoing a previous victory by a pencil importer.
Virtually Non-Existent Evidence:
Ninestar alleges a lack of substantial evidence behind CBP’s actions and highlights the questionable reliance on outdated materials. The case unfolds as Ninestar gains access to investigation records under a judicial protective order.
Commerce’s Vietnam Market Review: A Controversial Appraisal
In a politically charged scenario resembling a geopolitical chess match, the U.S. Department of Commerce scrutinizes Vietnam’s economy for a potential exit from the nonmarket economy list. However, critics raise concerns about a rushed review with predetermined outcomes.
International Trade Cases To Watch In 2024: Congressional Criticism
Republican senators question the fairness of the review, expressing worries about Vietnam’s ties to China and the potential for circumvention and evasion. The case sparks concern among domestic petitioners accusing Vietnamese competitors of dumping or circumvention.
Aluminum Extrusion Probe: A Broad-Scope Nightmare
Enter the world of aluminum extrusion investigations, a labyrinth of legal intricacies reminiscent of a suspenseful thriller. Fifteen countries, including Vietnam, face antidumping and countervailing duty probes, mirroring past challenges that resulted in years of litigation.
Scope Rulings Challenge:
Attorney Andrew Schutz warns of the broad scope of investigations, mirroring past cases that entangled unrelated products. Importers face the nightmare of identifying extruded aluminum parts within larger products, potentially subjecting them to additional duties.
