Experience You Can Count On
NEIL ELLIS is one of the most highly-regarded and experienced international trade regulatory attorneys in America.
Almost 40 years of experience in the field of U.S. international trade regulation before the federal trade agencies, litigation in federal courts and the WTO, and advocacy before Congress and the Executive Branch. Learn More.
When Statistics Matter
Appellate litigation is generally the final throw of the dice, so to speak, in U.S. trade regulatory disputes. Litigants, therefore, should carefully consider both the substance and presentation of their appellate arguments. To illuminate what may seem like an obvious point, this note focuses on two recent decisions of the U.S. Court of Appeals for the Federal Circuit (CAFC).
The CAFC is almost invariably the court of last resort in appeals from decisions by the U.S. trade enforcement agencies – the Department of Commerce and the International Trade Commission. The CAFC tends to exercise a large degree of deference to the decisions of the agencies it reviews. There are sources of authority, however, that the CAFC appears willing to evaluate with less deference toward the agencies’ interpretations – one of which, intriguingly, is the statistical analytics of numeric data. . . .read more