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
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
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
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 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
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
• USTR has proposed to impose additional duties of up to 100 percent ad valorem on $21 billion of imports from EU member states as a result of a dispute concerning aircraft subsidies.
• The proposed duties would apply to...more
4/12/2019
/ Ad Valorem Tax ,
Comment Period ,
Duties ,
EU ,
Government Investigations ,
Importers ,
Imports ,
Member State ,
Public Comment ,
Public Hearing ,
Section 301 ,
Tariff Classifications ,
Tariffs ,
Trade Act of 1974 ,
Trade Relations ,
USTR
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
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
The composition of the U.S. Court of International Trade (CIT) has changed dramatically over the last decade. Outstanding vacancies have prevented the CIT from operating with its full complement of judges for nearly five...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
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