On September 5, 2024, domestic producers of corrosion-resistant (CORE) steel products and a union filed petitions with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) seeking the...more
Introduction -
On October 4, 2023, domestic producers filed petitions with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC), seeking antidumping (AD) duties on imports of aluminum...more
On July 28, 2023, a coalition of domestic producers and wholesalers of mattresses filed petitions with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) seeking the imposition of...more
On May 30, 2023, a domestic producer of paper shopping bags and a union filed a petition with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) seeking the imposition of antidumping (AD)...more
On April 26, 2023, a domestic producer of steel cylinders filed a petition with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) seeking the imposition of antidumping (AD) and...more
On April 27, 2023, a coalition of domestic producers of brass rod filed a petition with the United States Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) seeking the imposition of antidumping...more
On April 25, 2023, a domestic producer of boltless steel shelving filed a petition with the United States Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) seeking the imposition of antidumping...more
On January 18, 2022, domestic producers filed petitions with the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC), seeking antidumping (AD) duties on imports of certain tin mill products...more
Key Points -
The Department of Commerce initiated a Section 232 national security investigation into NdFeB permanent magnets, which are used in fighter aircraft, missile guidance systems, electric vehicles, wind...more
Key Points -
On September 20, Commerce published in the Federal Register updated regulations affecting its administration of new shipper reviews, scope inquiries and circumvention inquiries.
The new regulations go...more
Yesterday, in the unprecedented “In re Section 301 Cases” litigation, the U.S. Court of International Trade (CIT) entered a preliminary injunction that suspends the liquidation of plaintiffs’ unliquidated entries from China...more
Over the past several months, softening demand and declining prices have wreaked havoc on domestic crude oil producers. Members of Congress and industry participants have pleaded with the Trump administration for relief,...more
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
- President Trump issued Presidential Proclamation 9980 on January 24, 2020, expanding the product scope of existing tariffs imposed under Section 232 of the Trade Expansion Act of 1962 on certain articles of aluminum and...more
2/10/2020
/ Aluminum Sales ,
Customs and Border Protection ,
Exclusions ,
Imports ,
National Security ,
Presidential Proclamations ,
Section 232 ,
Steel Industry ,
Supply Chain ,
Tariffs ,
Trade Expansion Act of 1962 ,
Trump Administration ,
U.S. Commerce Department ,
US Trade Policies
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
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