Entering October Term 2019, the U.S. Supreme Court had never reviewed a Section 337 investigation. However, some court-watchers thought that Comcast Corporation v. International Trade Commission might have the right ingredients to break that 90-year streak: a former U.S. Solicitor General representing the petitioners; allegations that Chevron deference had led to regulatory overreach; and a
USITC
USITC Announces New Chairman and Vice Chairman
The U.S. International Trade Commission, a quasi-judicial federal agency that administers U.S. trade remedy laws, has announced new leadership. President Trump designated Jason E. Kearns as Chairman and Randolph J. Stayin as Vice Chairman of the ITC, each for two-year terms effective June 17, 2020. Both Chairman Kearns and Vice Chairman Stayin served…
May 2020 Trade Law Update
In Husch Blackwell’s May 2020 Trade Law Newsletter, you’ll learn about the following updates in international trade and supply chain law:
- Bureau of Industry and Security (BIS) announces opportunities to submit comments in the Section 232 investigations on imports of mobile cranes and steel for electrical transformers
- White House issues Executive Order providing federal
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USITC Announces Vote to Continue Investigations on Non-Refillable Steel Cylinders from China
On May 8, 2020, the International Trade Commission voted that there was reasonable indication that dumped and illegally subsidized imports of non-refillable steel cylinders from China are injuring U.S. industry, according to the ITC’s press release. The affirmative injury vote means that the investigations will continue at the Department of Commerce. Commerce is scheduled…
Update: The Department of Justice Withdraws Statement of Interest from Mattresses Case at ITC
Update: On April 30, 2020, the Department of Justice (DOJ) withdrew its “statement of interest” in the ongoing antidumping and countervailing duty investigations on mattresses from various countries. In their filing, the DOJ stated that it, “hereby withdraws that Statement of Interest as not yet ripe.” Currently the U.S. International Trade Commission (“ITC”) is still…
USITC Finds Injury to Domestic Industry by Imports of Ceramic Tile from China
On April 30, 2020, the International Trade Commission voted that dumped and illegally subsidized imports of ceramic tile from China are injuring U.S. industry, the ITC said in a press release. The affirmative injury vote means that Commerce will issue AD/CVD orders on Chinese ceramic tile, and will begin conducting annual administrative reviews, if…
DOJ Takes Unusual Step to Submit Comments in Antidumping and Countervailing Duty Investigation on Mattresses from Vietnam, Thailand, Turkey, Serbia, Malaysia, Indonesia, and Cambodia, and China
The Department of Justice (“DOJ”) filed comments in the U.S. International Trade Commission’s (“ITC”) investigation on whether imports of mattresses from multiple countries are causing injury to the domestic mattress industry. The petition was filed on March 31, 2020, and the Commerce Department initiated the investigations on April 22, 2020. In an unusual step, the…
USITC Votes to Continue Investigations Concerning Common Alloy Aluminum Sheet from Various Countries
On April 22, 2020, the United States International Trade Commission (“USITC”) unanimously determined that there was reasonable indication that a U.S. industry is materially injured by reason of imports of common alloy aluminum sheet from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey…
USTR and ITC to Consider Trade Impacts on COVID-19 Response
The ongoing COVID-19 pandemic has impacted almost every aspect of law and public policy, and trade has certainly been no exception. Given that the supply chains for many critical medical supplies and forms of personal protective equipment (“PPE”) run through China, it was inevitable that this impact would affect the Section 301 investigation of…
Key U.S. Agencies and Federal Courts Handling International Trade and Trade-Related Matters Begin to Adjust to COVID-19 Concerns
UPDATED: April 1, 2020 – Several U.S. executive branch agencies along with federal courts are instituting significant operational changes. These changes have either already been implemented or are anticipated at the U.S. government agencies and courts which manage international trade-related concerns in the coming weeks due to personnel and public safety concerns over the COVID-19…