Earlier this month, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) denied an appeal by Capella Sales & Services Ltd., an importer of aluminum extrusions from China, in which the company challenged the countervailing duty margin applied to its entries at liquidation, arguing that a lower rate should have been applied by U.S. Customs and Border Protection.

Capella did not participate in U.S. Department of Commerce’s (“Commerce”) 2011-2012 administrative review of aluminum extrusions from China.  As a result, its entries were subject to the 374.15% “all others” rate under the countervailing duty order.  In connection with other litigation, the 374.15% “all others” rate was reduced to 7.37% in October 2015 based on challenges brought by several other importers of aluminum extrusions. 
Continue Reading Federal Circuit Denies Lower Duty Rate for Chinese Aluminum Extrusion Importer

As the fourth round of NAFTA negotiations were completed in Washington on Tuesday, October 17, 2017, significant new obstacles to the trade talks are emerging.  As a result, the fifth round of talks has been postponed until mid-November.

Specifically, Canada and Mexico have rejected the U.S.’s proposals on the elimination of NAFTA dispute panels in AD/CVD decisions, dairy, automotive content, government procurement, country-specific rule of origin rules, and a sunset clause.

U.S. Trade Representative Lighthizer, Mexican Economy Minister Guajardo, and Canadian Foreign Minister Freeland noted in a joint statement that the extended timelines provide the countries
Continue Reading New Obstacles Emerge in NAFTA Negotiations

On September 28, President Donald Trump announced his nomination of two Commissioners to the United States International Trade Commission.  Dennis M. Devaney of Michigan for the remainder of a nine-year term, expiring June 16, 2023 and Randolph J. Stayin of Virginia for the remainder of a nine-year term expiring June 16, 2026.

Mr. Devaney and Mr. Stayin were nominated to fill the Commissioner positions of Commissioners Kieff and Pinkert, who left the ITC earlier this year.  President Trump’s two nominations were made with the ITC operating with only four out of six Commissioners and experiencing a historically high Section 337 caseload.
Continue Reading Trump Announces Nomination of Two ITC Commissioners