Last week, in a highly anticipated decision, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) concluded that Section 232 of the Trade Expansion Act of 1962 does not offend the non-delegation doctrine. To...more
In just one opinion, the landscape surrounding national security tariffs has undergone a dramatic shift. In Transpacific Steel LLC v. United States, an otherwise narrow dispute regarding steel imports from Turkey subject to...more
12/6/2019
/ Appeals ,
Court of International Trade ,
Equal Protection ,
Fifth Amendment ,
Imports ,
National Security ,
Non-Delegation Doctrine ,
Section 232 ,
Separation of Powers ,
Steel Industry ,
Tariffs ,
Trade Expansion Act of 1962 ,
Trump Administration
In just one opinion, the landscape surrounding national security tariffs has undergone a dramatic shift. In Transpacific Steel LLC v. United States, an otherwise narrow dispute regarding steel imports from Turkey subject to...more
11/19/2019
/ Appeals ,
Court of International Trade ,
Equal Protection ,
Fifth Amendment ,
Imports ,
National Security ,
Non-Delegation Doctrine ,
Section 232 ,
Separation of Powers ,
Steel Industry ,
Tariffs ,
Trade Expansion Act of 1962 ,
Trump Administration
Several federal agencies—including most notably the U.S. Department of Commerce, U.S. Customs and Border Protection, the U.S. International Trade Commission and the U.S. Trade Representative—administer an ever-expanding body...more
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
At the end of 2018, the U.S. Court of International Trade (CIT) issued an opinion in One World Techs., Inc. v. United States. In that decision, Judge Choe-Groves concluded that U.S. Customs and Border Protection (CBP)...more
5/20/2019
/ Administrative Law Judge (ALJ) ,
Appeals ,
Asset Seizure ,
Court of International Trade ,
Customs and Border Protection ,
Exclusion Orders ,
Imports ,
Injunctions ,
Injunctive Relief ,
Interlocutory Appeals ,
International Trade Commission (ITC) ,
Irreparable Harm ,
Patent Infringement ,
Patents ,
Preliminary Injunctions ,
Section 337 ,
Separation of Powers ,
Subject Matter Jurisdiction ,
Tariff Act of 1930
In late March, the U.S. Court of International Trade (CIT) issued a highly anticipated opinion addressing Section 232 of the Trade Expansion Act of 1962. Section 232 authorizes the President to take measures against imports...more
4/17/2019
/ Appeals ,
Court of International Trade ,
Imports ,
National Security ,
Non-Delegation Doctrine ,
Section 232 ,
Separation of Powers ,
Steel Industry ,
Tariffs ,
Trade Expansion Act of 1962 ,
Trump Administration
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
The U.S. Constitution confers authority on Congress to “ordain and establish” courts “inferior” to the Supreme Court. When Congress exercises its power under the Constitution and creates a lower court, it identifies a class...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
From time to time, international trade and patent law matters overlap. We expect to see these interactions in disputes filed pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337). In other instances, the U.S....more
2/22/2019
/ Appeals ,
Claim Construction ,
Court of International Trade ,
Customs ,
Imports ,
Injunctive Relief ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Jury Trial ,
Motion To Intervene ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Section 337 ,
Subject Matter Jurisdiction ,
Tariff Act of 1930