News & Analysis as of

Court of International Trade

Vietnamese Fish Producers Challenge Antidumping Duty Rates

by Fox Rothschild LLP on

In an earlier post, we examined the U.S. Court of International Trade’s (CIT) opinion in which it sustained the U.S. Department of Commerce’s (“Commerce”) shift of position on antidumping duties for frozen fish fillets from...more

International Law Bulletin - Vol. 22, No. 3

INTERNATIONAL BUSINESS AND TRADE - Dispute Resolution - WTO: The World Trade Organization (WTO) Appellate Panel ruled that Russia must remove its anti-dumping duties levied on European Union (EU) vans...more

Eighth Circuit Considers Judicial Estoppel in Hazardous Substance Release-Related Personal Injury Case

On April 5, the U.S. Court of Appeals for the Eighth Circuit decided the case of Kirk v. Schaeffler Group USA, Inc., et al., a personal injury action commenced in the U.S. District Court for the Western District of Missouri...more

CIT Finds Fabric Pet Carriers Are Not “Bags”

by Fox Rothschild LLP on

In a recent opinion, the U.S. Court of International Trade (“CIT”) found, at least in part, in favor of the producer of pet carriers, by excluding the items from a catch-all baggage classification. Since 2013, Quaker Pet...more

No Free Rides: The Burden on Importers of Goods Subject to Antidumping/Countervailing Duty (IRB No. 571)

by Bryan Cave on

The Court of Appeals for the Federal Circuit (the “Federal Circuit” or the “court”) recently underscored the importance of either participating in Antidumping/Countervailing Duty (AD/CVD) rate litigation or requesting...more

CIT Upholds Commerce’s New Take On Antidumping Duties Of Vietnamese Fish Fillets

by Fox Rothschild LLP on

In an Opinion made public last week, the U.S. Court of International Trade (CIT) sustained the U.S. Commerce Department’s (“Commerce”) change of opinion with regard to antidumping duties assessed on frozen fish fillets from...more

Federal Circuit Denies Lower Duty Rate for Chinese Aluminum Extrusion Importer

by Kelley Drye & Warren LLP on

Earlier this month, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) denied an appeal by Capella Sales & Services Ltd., an importer of aluminum extrusions from China, in which the company challenged the...more

Chemical Duties: Federal Circuit Affirms Decision Of U.S. Court Of International Trade

by Fox Rothschild LLP on

In a customs classification case, Chemtall, Inc. v. United States, the U.S. Court of Appeals for the Federal Circuit affirmed a U.S. Court of International Trade (“CIT”) ruling that the vinyl polymer acrylamide tertiary butyl...more

Santa Claus Costume Classified As “Fancy Dress” For Import Duty

by Fox Rothschild LLP on

Just in time for the holiday season, the U.S. Court of International Trade (“CIT”) recently held that certain components of a Santa Claus suit were of such quality that they should be subject to apparel duties, not the free...more

CIT Upholds CBP Classification Of “Optical” Data Modules

by Fox Rothschild LLP on

In a recent decision, the United States Court of International Trade (CIT), upheld the classification of United States Customs and Border Protection (CBP) with regard to fiber optic telecommunications modules, finding that...more

CIT Finds Shoe Importer Was “Grossly Negligent” In Classifying Products

by Fox Rothschild LLP on

In recent decision, the Court of International Trade entered a $1.6 million award against shoe importer, Sterling Footwear, Inc. (“Sterling”), for what it found to be grossly negligent product misclassification. Granting the...more

CIT Finds That Home Depot Doorknobs Are Locks

by Fox Rothschild LLP on

In a recent opinion, the Court of International Trade upheld the determination by U.S. Customs and Border Protection (CBP) that certain doorknobs imported by home-improvement retailer Home Depot are properly classified as...more

Gray Market Distributor Challenges CBP’s Grant Of Protection To Duracell

by Fox Rothschild LLP on

In a recent post, we discussed the lawsuit brought by battery behemoth Duracell against a company that it was importing “gray market” versions of its copper-topped products. In that action, Duracell has argued that the...more

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

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