News & Analysis as of

Tariffs Appeals

McDermott Will & Emery

No APA Review of Commission Refusal to Issue Sua Sponte Show Cause Order

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The US Court of Appeals for the Federal Circuit dismissed an appeal challenging a US International Trade Commission decision that upheld an administrative law judge’s (ALJ) order, ruling that such an order was within the...more

Irwin IP LLP

Federal Circuit Lashes Out at the ITC’s Narrow Ruling Regarding the Domestic Industry Requirement

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Lashify, Inc. v. Int’l Trade Comm’n, No. 23-1245, 2025 WL 699368 (Fed. Cir. Mar. 2025) - On March 5, 2025, the Federal Circuit vacated the International Trade Commission (“ITC”)’s decision and exercised its “independent...more

McDermott Will & Emery

Economic Prong of Domestic Industry Requirement Includes All Sorts of Labor and Capital

McDermott Will & Emery on

Addressing the economic prong of the domestic industry requirement under Section 337(a)(3)(B) of the Tariff Act of 1930, the US Court of Appeals for the Federal Circuit reversed a US International Trade Commission decision,...more

Adams & Reese

International Compliance Digest – November 2024

Adams & Reese on

While the incoming administration has blanketed the news cycle with newly threatened tariffs against typical targets like China, and against neighboring allies like Canada and Mexico, the current administration has quietly...more

ArentFox Schiff

China Import Duties Here to Stay? CIT Upholds Section 301 Tariffs

ArentFox Schiff on

On March 17, 2023, the Court of International Trade upheld the legality of Section 301 tariffs on Chinese origin products included on the Office of the US Trade Representative’s List 3 and List 4A, however the case will...more

Holland & Knight LLP

Section 301 Litigation: Is It Too Late to Seek Refunds?

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The U.S. Court of International Trade's (CIT) docket is brimming these days, all thanks to importers who have initiated more than 3,500 actions to date challenging the Trump Administration's use of Section 301 of the Trade...more

Akin Gump Strauss Hauer & Feld LLP

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

Akin Gump Strauss Hauer & Feld LLP

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

Akin Gump Strauss Hauer & Feld LLP

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

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - August 2019

ANTICORRUPTION DEVELOPMENTS - Telecommunications Company Fined $12 Million for FCPA Violations - On August 29, 2019, The Securities and Exchange Commission (SEC) instituted ceaseand-desist proceedings against...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Request for Declaratory Judgment/Legally Enforceable Obligation: Federal Appellate Court Addresses Dispute Between Solar Related...

The Montana Public Service Commission and its Commissioners (collectively “MPSC”) enacted a regulation, Montana Administrative Rule 38.5.1909, that removed the allegedly unlawful portion of the MPSC’s test for establishing a...more

King & Spalding

The U.S. Court of International Trade Holds Section 232 To Be Constitutional

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On March 25, 2019, the U.S. Court of International Trade (“CIT”) issued its opinion in Am. Inst. For Int’l Steel, Inc. v. United States, a decision addressing whether Section 232 of the Trade Expansion Act of 1962 (“TEA”)...more

Akin Gump Strauss Hauer & Feld LLP

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

Akin Gump Strauss Hauer & Feld LLP

Second Circuit Denies Request to Stay NYISO’s New Capacity Zone

On June 4, 2014, the United States Court of Appeals for the 2nd Circuit (2nd Circuit) denied emergency stays of two Federal Energy Regulatory Commission (FERC) orders implementing a new capacity zone (NCZ) in New York (“NCZ...more

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