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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

Importers to Face Additional Duties on European Goods

• 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

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

The U.S. Court of International Trade Imposes Limits on Commerce’s Scope Enforcement Activities

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

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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