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Transferring Tariff Cases to the Court of International Trade
As the entire U.S. trade regulatory community in acutely aware, the established system of tariffs – the very concept of how duties are...
Neil Ellis
May 286 min read
Trade Law and the End of Chevron
A few weeks ago the U.S. Supreme Court overruled Chevron , its 40-year-old precedent that had dominated the relationship between the...
Neil Ellis
Jul 26, 202412 min read
Customs and the Constitution
Do the U.S. Constitution’s procedural protections governing the deprivation of life, liberty and property apply in the context of import...
Neil Ellis
Sep 28, 20237 min read
Commerce’s Proposed Regulations and The Economics of Trade Remedies
As has been widely publicized, the U.S. Department of Commerce recently issued proposed amendments to its antidumping (AD) and...
Neil Ellis
Jun 2, 20237 min read
The Limits of Deference – Again
Returning to one of the themes discussed in my note posted in February of this year, the U.S. Court of Appeals for the Federal Circuit...
Neil Ellis
Sep 7, 20225 min read
When Statistics Matter
Appellate litigation is generally the final throw of the dice, so to speak, in U.S. trade regulatory disputes. Litigants, therefore,...
Neil Ellis
Apr 26, 20227 min read
Ambiguous Silence in U.S. Trade Law
Lawyers spend lifetimes interpreting words. One type of such interpretation addresses the meaning of legislative texts governing agency...
Neil Ellis
Feb 28, 20228 min read
Why the Department of Commerce’s Regulatory Revisions Matter
Recently the practice of antidumping and countervailing duty (anti-subsidy) law in the United States has included an increasing focus on...
Neil Ellis
Oct 6, 20215 min read
Russia’s Market Economy Status in Play?
The U.S. Department of Commerce published in the Federal Register today its notice of initiation of the investigation of Urea Ammonium...
Neil Ellis
Jul 26, 20212 min read
Reconsidering Section 232 Exclusion Requests?
Recent developments in a lawsuit challenging a decision by the U.S. Department of Commerce suggest that opportunities may exist for...
Neil Ellis
Jul 24, 20213 min read
A Tale of Two Appellate Decisions
The Court of Appeals for the Federal Circuit issues relatively few substantive decisions within its trade jurisdiction, and a month or...
Neil Ellis
Jul 16, 20214 min read
At the Intersection of Trade and Antitrust
In an unusual case that spotlights the tensions between U.S. trade and antitrust laws, JSW Steel (USA), Inc. recently launched a lawsuit...
Neil Ellis
Jun 16, 20212 min read
WTO Panel Issues Report on U.S. Section 301 Tariffs on $250 Billion of Imports from China
In United States – Tariff Measures on Certain Goods from China, WT/DS543/R (15 Sept 2020), a WTO panel grappled with issues raised by...
Neil Ellis
Sep 21, 20202 min read
Lawsuits Launched to Challenge Section 301 Tariffs on Imports from China
In 2018 the Administration launched a series of tariffs targeting a broad range of imports from China, under the authority of Section 301...
Neil Ellis
Sep 14, 20201 min read
Court of Appeals Issues Important Decision on the Calculation of Anti-Dumping Duties
On September 3, the Court of Appeals for the Federal Circuit issued a decision in Changzhou Trina Solar Energy v. US, regarding the...
Neil Ellis
Sep 7, 20201 min read
Department of Commerce Proposes Major Changes to Antidumping Regulations
The U.S. Department of Commerce, International Trade Administration, recently published proposed amendments to several provisions of its...
Neil Ellis
Aug 24, 20201 min read
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