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Section 232 Survives the Federal Circuit

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

US Court of International Trade Confirms Limits to Section 232 Action

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

U.S. Court of International Trade Confirms Limits to Section 232 Action

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

Interpretation of International Trade Regulations to Come Under Greater Scrutiny

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

Federal Circuit Confirms Limits to the Suspension of Liquidation in Scope Disputes

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

Section 232 Survives the U.S. Court of International Trade. What’s Next?

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

The Federal Circuit Addresses Who Has Standing to Challenge Commerce Scope Rulings

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

Federal Circuit: The Exhaustion Requirement is Not Jurisdictional

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

SCOTUS Says No to Papierfabrik

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

When International Trade and Patent Law Overlap: One World Techs., Inc. v. United States Slip Op. 18-173 (Ct. Int’l Trade 2018)...

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

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