Tag: international trade
-
Learning Resources v. Trump: The Supreme Court Rules IEEPA Does Not Authorize Tariffs
For many Americans, tariffs are not theoretical instruments of foreign policy. They show up in shipping invoices, supplier negotiations, retail price adjustments, and quarterly earnings calls. Over the past several years, businesses large and small have had to account for sudden and substantial duties imposed on imported goods under the International Emergency Economic Powers Act,…
-
Crocs v. ITC: One Commission Decision Can Trigger Two Appeal Deadlines
The Federal Circuit’s decision in Crocs, Inc. v. International Trade Commission, Case No. 2024-1300 (Fed. Cir. Jan. 8, 2026), illustrates a jurisdictional trap in Section 337 proceedings: different portions of the same Commission determination can become final, and therefore appealable, at different times. The court dismissed as untimely Crocs’s challenge to a no-violation determination while…
-
V.O.S. Selections (Learning Resources) v. Trump at the Supreme Court: Verbs, Taxes, and an Exit Ramp
The Supreme Court argument in the tariff cases presented the Justices with a familiar but high-stakes question: how far an old statute can be stretched to support a novel assertion of executive power. The Federal Circuit had already answered the core statutory question en banc, holding that the International Emergency Economic Powers Act (IEEPA) does…
-
V.O.S. Selections v. Trump: En Banc Federal Circuit Rejects IEEPA Tariff Authority
The Federal Circuit’s recent en banc decision in V.O.S. Selections, Inc. v. United States addressing challenges to former President Trump’s sweeping tariff regime represents one of the most consequential trade-law rulings in decades. Sitting en banc, the court affirmed the core constitutional holding that the International Emergency Economic Powers Act (IEEPA) does not authorize the…
-
Jilin Forest Industry Jinqiao Flooring Group Co. v. United States: Federal Circuit Reaffirms Commerce’s Authority to Apply NME-Wide Antidumping Rates
The Federal Circuit’s July 28, 2025 decision in JIlin Forest Industry Jinqiao Flooring Group Co. v. United States, No. 2023-2245, arrives at a pivotal moment in U.S.–China trade relations. In a ruling that will cheer aggressive trade enforcers and cause heartburn for Chinese exporters, the court reversed the Court of International Trade (CIT) and restored…
-
V.O.S. Selections v. Trump: CAFC Sets Expedited En Banc Review of Tariff Orders After Staying CIT’s Injunction
In V.O.S. Selections, Inc. v. Trump, the Federal Circuit has now stayed the Court of International Trade’s injunctions and agreed to hear the government’s appeal on an expedited basis before the full court. This appeal by the Trump Administration follows the CIT’s landmark ruling that certain Executive Orders imposing tariffs were unlawful and issued a…
-
V.O.S. Selections v. United States: CIT Rejects Presidential Tariffs Under IEEPA
On May 28, 2025, the U.S. Court of International Trade issued a major decision in V.O.S. Selections, Inc. v. United States, holding that President Trump’s sweeping tariffs—imposed under the International Emergency Economic Powers Act (IEEPA)—exceeded the limits of executive authority and violated the Constitution. The ruling vacates the tariffs and enjoins their enforcement, bringing them…
-
Marmen Inc. v. United States — Federal Circuit Rejects Commerce’s Use of Cohen’s d Test in Dumping Margin Calculation
In Marmen Inc. v. United States, No. 23-1877 (Fed. Cir. Apr. 22, 2025), the Federal Circuit vacated and remanded the Department of Commerce’s antidumping duty (AD) determination for utility-scale wind towers from Canada. The decision raises important questions about Commerce’s use of statistical methods in calculating dumping margins, and it reinforces key limitations previously addressed…
-
Navigating Antidumping Duties and International Trade: A Review of Vandewater v. United States
On March 6, 2025, the United States Court of Appeals for the Federal Circuit issued a decision in Vandewater International Inc. v. United States, affirming the Department of Commerce’s determination that certain steel branch outlets imported by Vandewater fell within the scope of an existing antidumping duty (ADD) order. This ruling underscores the complex interplay…
-
Federal Circuit Vacates and Remands in Meyer Corporation Case: Key Patent Law Takeaways
The Federal Circuit’s recent decision in Meyer Corporation, U.S. v. United States sheds light on several significant issues in customs law and the valuation of imported goods, with broader implications for how courts interpret evidentiary burdens and transaction pricing in a related-party context. While the case primarily involved tariff assessments rather than patent law, it…