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...
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Neil Ellis
- Apr 26, 2022
- 7 min
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
- Feb 28, 2022
- 8 min
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
- Oct 6, 2021
- 5 min
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
- Jul 26, 2021
- 2 min
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 24, 2021
- 3 min
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 16, 2021
- 4 min
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
- Jun 16, 2021
- 2 min
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
- Sep 21, 2020
- 2 min
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 14, 2020
- 1 min
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 7, 2020
- 1 min
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
- Aug 24, 2020
- 1 min
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...
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