On September 5, 2024, domestic producers of corrosion-resistant (CORE) steel products and a union filed petitions with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) seeking the...more
On April 24, 2024, a group of domestic producers of crystalline silicon photovoltaic (CSPV) solar cells and modules filed a petition with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC)...more
Introduction -
On October 25, 2023, the American Shrimp Processors Association (ASPA) filed petitions with the United States Department of Commerce (DOC) and the U.S. International Trade Commission (ITC), seeking...more
Introduction -
On October 4, 2023, domestic producers filed petitions with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC), seeking antidumping (AD) duties on imports of aluminum...more
On July 28, 2023, a coalition of domestic producers and wholesalers of mattresses filed petitions with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) seeking the imposition of...more
On May 30, 2023, a domestic producer of paper shopping bags and a union filed a petition with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) seeking the imposition of antidumping (AD)...more
Key Points -
On May 9, 2023, Commerce issued proposed regulations that would expand the agency’s authority to enforce trade remedy laws in several substantive and procedural respects.
Interested parties have until...more
On April 26, 2023, a domestic producer of steel cylinders filed a petition with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) seeking the imposition of antidumping (AD) and...more
On April 27, 2023, a coalition of domestic producers of brass rod filed a petition with the United States Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) seeking the imposition of antidumping...more
On April 25, 2023, a domestic producer of boltless steel shelving filed a petition with the United States Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) seeking the imposition of antidumping...more
On January 18, 2022, domestic producers filed petitions with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC), seeking antidumping (AD) duties on imports of certain tin mill products...more
Key Points -
On September 20, Commerce published in the Federal Register updated regulations affecting its administration of new shipper reviews, scope inquiries and circumvention inquiries.
The new regulations go...more
The U.S. Court of Appeals for the Federal Circuit (Federal Circuit) rarely sits en banc to address international trade issues that fall within its subject matter jurisdiction. It last did so nearly five years ago in Suprema,...more
International trade litigation requires patience. These disputes often span several years and involve multiple redeterminations by the agency whose action is subject to judicial review. The appeal can get even further...more
The U.S. Court of International Trade (CIT), like most other federal courts, may issue an injunction to afford equitable relief to the parties that appear before it. Those injunctions typically bar the federal government from...more
7/30/2019
/ Anti-Dumping Duty ,
Countervailing Duties ,
Court of International Trade ,
Customs and Border Protection ,
Imports ,
Injunctions ,
Injunctive Relief ,
Irreparable Harm ,
Liquidation ,
Loss of Goodwill ,
Preliminary Injunctions ,
U.S. Commerce Department
Antidumping and countervailing duty orders address unfairly priced and subsidized imports that enter the United States. Each order contains a “scope” that identifies in part the “class or kind” or merchandise covered by...more
6/7/2019
/ Ambiguous ,
Anti-Dumping Duty ,
Appeals ,
Countervailing Duties ,
Court of International Trade ,
Customs and Border Protection ,
Dismissals ,
Imports ,
Liquidation ,
New Rules ,
Scope of Review ,
Subject Matter Jurisdiction ,
U.S. Commerce Department
In a variety of contexts, U.S. government agencies regulating international trade and the cross-border movement of goods and services possess significant civil and criminal penalty authority. For example, the primary agency...more
4/26/2019
/ Administrative Procedure ,
Anti-Dumping Duty ,
Civil Monetary Penalty ,
Court of International Trade ,
Cross-Border Transactions ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Dismissal With Prejudice ,
Exports ,
Goods or Services ,
Imports ,
Right to a Jury ,
Seventh Amendment ,
Trade Remedies
Let’s say you import widgets that potentially fall within the scope of an antidumping or countervailing duty order. You wonder in good faith whether the U.S. Department of Commerce (Commerce) may subject the imported widgets...more
Over the last decade, the U.S. Department of Commerce and U.S. Customs & Border Protection (CBP) have stepped up their enforcement activities. Those efforts have resulted from additional appropriations and new investigatory...more
Few international trade disputes make their way to the Supreme Court of the United States (SCOTUS). In the vast majority of these appeals, SCOTUS simply denies the petition for certiorari without comment. Indeed, SCOTUS last...more
A new year brings new decisions. In the first opinion issued in 2019 by the U.S. Court of International Trade (CIT), Judge Choe-Groves addresses the application of a hot-button issue—the U.S. Department of Commerce’s recently...more