In a September 6, 2023 opinion issued by Judge M. Miller Baker in three cases brought under the Court’s residual jurisdiction provision, 28 U.S.C. § 1581(i), the U.S. Court of InternationalContinue Reading The Court of International Trade Rules that Reliquidation is Available as a Remedy in APA Cases Brought Under the Court’s Residual Jurisdiction Provision
Check out the latest episode of The Justice Insiders—a podcast hosted by Husch Blackwell partner Gregg Sofer—where we explore the intersection of international trade law and government investigations…Continue Reading Podcast: The Latest on Russia Sanctions
We are pleased to announce that our team’s fourth-annual international trade law year-in-review report was published just before the New Year. In it, we take a detailed look at how…Continue Reading International Trade Law: 2022 Year in Review & Outlook for 2023
On August 23rd the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) struck down federal regulations restricting refunds on export taxes and restricting beer and wine manufacturers…
Continue Reading Federal Circuit Strikes Down Treasury Regulations Limiting Drawback Refunds on Beer and Wine Exports
Court of International Trade
Summary of Decisions
On May 1, 2019, the CIT sustained Commerce’s remand redetermination results following a countervailing duty investigation for certain hot-rolled steel flat products from the Republic of Korea. The court reviewed two issues on remand, Commerce’s selection of the highest calculated AFA rate and Commerce’s corroboration. Concerning the first issued on the selection of the AFA rate, the CIT found that Plaintiff POSCO did not exhaust its administrative remedies. The second issue presented was whether or not the selected 1.05% AFA rate was corroborated based upon substantial evidence and whether Commerce’s selection of a non-de-minimis AFA rate was appropriate because it was a rate calculated for a cooperating Korean company in another countervailing duty proceeding for a similar program.
On May 2, 2019, in the case of garage door openers that were redesigned to avoid infringement on a registered patent, the CIT denied the ITC’s motion for a stay pending appeal based on the grounds that the ITC did not meet its burden for a stay. A stay of the preliminary injunction and all other proceedings in this matter was not warranted as: (1) the ITC has not demonstrated a “strong showing” of likelihood of success on the merits, (2) the ITC has not demonstrated that it will be irreparably injured absent a stay in this action, (3) the issuance of a stay would substantially injure another party, the Plaintiff, and (4) the public interest is neutral. For those reasons, the CIT denied the ITC’s motion for a stay.
Continue Reading May Trade Law Update: Court Decisions
The President signed on Friday, February 15, 2019, the Consolidated Appropriations Act, 2019, an appropriations bill to keep the government fully open. In the Joint Explanatory Statement (JES) from the House Appropriations Committee that accompanied the bill, Congress directs the Office of the U.S. Trade Representative (USTR) to create an exclusion process for the third tranche of Section 301 tariffs on China “no later than 30 days after the enactment of this Act, following the same procedures as those in rounds 1 and 2….” This language does not tie a round 3 exclusion process to the level of the tariff (10% or 25%). Significantly, though, this language in the JES was not included as part of the bill signed by the President and is therefore not legally binding. Nevertheless, the JES expresses Congress’ intent and indicates that Congress expects USTR to begin an exclusion process covering goods on List 3 no later than March 17, 2019.
Continue Reading Congress Directs USTR to Implement List 3 Exclusion Process by March 17, 2019
Congress enacted the “Countering America’s Adversaries Through Sanctions Act” (CAATSA) on August 2, 2017 in response to Russia’s continuing occupation of the Crimea region of Ukraine and cyber-interference in the 2018 United States Presidential elections. We previously covered CAATSA in blog posts here and here. CAATSA was notable because it passed the House of Representatives with a 419-3 approval margin and passed the Senate with a 98-2 approval margin. Among other things, CAATSA required President Donald Trump to take certain actions on the 180-day anniversary of CAATSA’s adoption, which included (but were not limited to): (i) imposing sanctions (commonly referred to as the “CAATSA Section 231 sanctions”) against persons engaged in “significant transactions” with Russia’s defense or intelligence sectors; and (ii) preparing and submitting a report (commonly referred to as the “CAATSA Section 241 report”) to various congressional committees identifying senior political figures and oligarchs within Russia. January 29, 2018 marked CAATSA’s 180-day anniversary and, as a result, it sparked a flurry of activity related to the CAATSA Section 231 sanctions and the CAATSA Section 241 report.
Continue Reading Russia Sanctions Developments Incite Controversy and Signal Possible Future Changes
The government shutdown began on Saturday at 12:01am. Here is a list of several agencies involved in trade and transportation issues that will be affected.
International Trade Commission
The International Trade Commission will only have three to seven individuals working during the shutdown in order to protect life and property. The six Commissioners are presidential appointees and therefore are exempt from the furlough.
Continue Reading Impact of Government Shutdown on Trade
Today, President Trump officially signed H.R. 3364, the “Countering America’s Adversaries Through Sanctions Act” (CAATSA) into law. CAATSA originated as a bill which was focused on only Iran. However, partially in response to Russian cyber-interference with the 2016 election, the Senate expanded CAATSA to impose additional sanctions against Russia and also codify into law various sanctions imposed by the Obama Administration in the form of Executive Orders. The House of Representatives then approved these additions and added further sanctions against North Korea. Eventually, the House and Senate approved the final version of CAATSA by a margin of 419-3 and 98-2, respectively. For additional detail on CAATSA’s legislative history, please see our previous alerts here, here and here.
Continue Reading President Signs Russian, Iran and North Korea Sanctions Legislation into Law