News & Analysis as of

Court of International Trade

CIT rules on Made in USA claim

by Kelley Drye & Warren LLP on

A recent ruling by the U.S. Court of International Trade (CIT) has important implications for importers and manufacturers making “Made in USA” claims for products assembled from imported components. While the case concerned...more

CIT Adds New Requirements for ‘Assembled in USA’ Claims Analysis

by Kelley Drye & Warren LLP on

A recent ruling the by the U.S. Court of International Trade (CIT) has important implications for importers, government contractors, and manufacturers that make qualified origin claims when marketing products. In a case...more

Court Decision May Affect Ability to Sell Products Assembled from Imported Components to U.S. Government Agencies

In a development that may have important implications for companies selling products to the U.S. government, on December 7, 2016, the Court of International Trade (“CIT”) issued a decision holding that the assembly in the...more

Trade & Manufacturing - News of Note - July 2016

by King & Spalding on

State Department Increases Penalties for Arms Export Control Act Violations - On June 7, the U.S. Department of State announced the implementation of “catch-up” adjustments to the maximum civil monetary penalties (CMPs)...more

Decision Circumscribes Duty Circumvention

by Kelley Drye & Warren LLP on

On April 5, 2016, a three-judge panel of the Court of Appeals for the Federal Circuit (“CAFC”) issued an opinion in Deacero S.A. de C.V. v. United States, Appeal Nos. 2015-1362, 2015-1363, 2015-1367, affirming the final...more

Antidumping Developments: Adverse Facts Available Update

by Kelley Drye & Warren LLP on

In our September 2015 edition of the Trade Advisor, we discussed the effect that recent amendments to the antidumping laws would have on the U.S. Department of Commerce’s (“the Department”) ability to apply facts available...more

US China Trade War – Dueling US China Antidumping Cases, China’s NME Status, TPP, Aluminum and Congress Failure to let TAAF Fix...

by Dorsey & Whitney LLP on

I have been in China for two weeks working on the Solar Cells and Steel Sinks cases. This is an abbreviated February newsletter, which will cover trade and trade policy, including the new trade cases filed in the United...more

Federal Court Sets Strict Standards for Bringing Customs Penalty Cases

by BakerHostetler on

In United States v. Nitek Electronics, Inc., decided December 1, 2015, the U.S. Court of Appeals for the Federal Circuit upheld a U.S. Court of International Trade decision that limited the government’s powers in seeking to...more

Trade & Manufacturing - September 2015

by King & Spalding on

United States Prevails In Enforcement Dispute With China Over Grain Oriented Electrical Steel - On July 31, the World Trade Organization (WTO) issued a ruling in favor of the United States in a dispute over China's...more

Trade & Manufacturing - News of Note - September 2015

by King & Spalding on

United States Requests Comments on China's Compliance with WTO Commitments - The Trade Policy Staff Committee (TPSC) is working in conjunction with the Office of the United States Trade Representative (USTR) to prepare...more

Court Strikes Down Commerce's Methodology for Determining Country of Origin After Third-Country Finishing Operations

by King & Spalding on

In a July 2015 decision, the Court of International Trade rejected the Department of Commerce's determination of country of origin in a high-profile scope proceeding involving unfinished Oil Country Tubular Goods (OCTG)...more

“The White Sauce” Decision (International Custom Products, Inc. v. United States) Highlights Importance of Administrative...

by Kelley Drye & Warren LLP on

The Court of Appeals for the Federal Circuit decision, International Custom Products, Inc. v. United States, 2015 U.S. App. LEXIS 11170 (Fed. Cir. June 30, 2015), was ten years in the making and provides a stern lesson for...more

US China Trade War — TPA Passes Senate–Developments in Trade, Customs, IP/337, Antitrust and Securities

by Dorsey & Whitney LLP on

The major trade issue is Trade Promotion Authority (“TPA”) and the Trans Pacific Partnership. On May 22, 2015, after another close cloture vote, the TPA bill passed the Senate by a majority vote of 62 to 37 votes. The...more

ITC Section 337 Update - March 2015 #2

by King & Spalding on

Commission Declines MEGA Brands’ Request For Early Disposition Of Domestic Industry – As reported in the March 12, 2015 edition of the ITC Section 337 Update, proposed Respondent MEGA Brands filed public interest comments...more

Trade & Manufacturing - News of Note - October 2014

by King & Spalding on

Department Of Energy Issues Final Approvals For LNG Exports To Non-FTA Countries From Two Terminals - On September 10, 2014, the U.S. Department of Energy (DOE) issued licenses to Cameron LNG and Carib LNG to export...more

WTO Appellate Body Issues Report In China's Challenge To U.S. Trade Laws

by King & Spalding on

On July 7, the World Trade Organization (WTO) Appellate Body issued its report in United States – Countervailing and Anti-Dumping Measures on Certain Products from China (DS 449). This proceeding traces its roots to 2006,...more

U.S. Court of International Trade Expands Role of Customs’ Enforcement of Section 337 Exclusion Orders and Renders Substantive...

by King & Spalding on

The recent decision of the U.S. Court of International Trade (CIT) in Corning Gilbert Inc. v. United States could mark a watershed for the enforcement of exclusion orders issued by the U.S. International Trade Commission...more

US China Trade War — Guilty Verdict Vitamin C Antitrust Case

by Dorsey & Whitney LLP on

There have been a number of developments in the trade, antitrust, patent, products liability and securities areas. Most important being a Guilty Verdict in the Vitamin C case in New York City with certain Chinese Producers...more

Federal Circuit Affirms Application Of Antidumping Duties In Magnesium From Russia by Stephen A. Jones

by King & Spalding on

On February 8, 2013, the U.S. Court of Appeals for the Federal Circuit affirmed a lower court decision in an antidumping case involving imports of magnesium from Russia. In PSC VSMPO-AVISMA v. United States, No. 2012-1076...more

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