Federal Circuit Sets April Oral Argument for Key Case on 'First Sale' Valuation

The U.S. Court of Appeals for the Federal Circuit set April 6 as the date for oral argument in a key case on the use of first sale valuation for goods from nonmarket economies. In Meyer v. U.S., the Court of International Trade said that first sale treatment may not be applicable to NME exports (see 2103020040). Litigation is underway at the Federal Circuit over the question, with Meyer most recently arguing that the trade court improperly applied the "dual burden of proof" when denying the importer first sale since the court simply accepted CBP's move of valuing the imports based on their second sale price without scrutiny (see 2201190059) (Meyer Corporation v. U.S., Fed. Cir. #21-1932).