Last week the U.S. Court of Appeals for the Federal Circuit issued an order denying a petition for en banc reconsideration of its decision in NSK Corp. v. United States. In that case, the CAFC reversed the U.S. Court of International Trade on the issue of whether the U.S. International Trade Commission properly assessed injury […]
Archives for October 2013
Brazil: Multi-national consortium wins offshore production rights amid protests
A consortium made up of Brazil’s state-run oil firm Petrobras, Shell, Total, and Chinese companies CNPC and CNOOC has won a production license for the offshore Libra oilfield. The 35-year license to the deep-sea field–which is thought to be rich enough to potentially double Brazil’s oil reserves–was auctioned off by Brazil’s National Petroleum Agency. The consortium […]
ITC Votes to Expedite Sunset Review of Nails from China
The U.S. International Trade Commission yesterday unanimously voted to expedite its review of the antidumping duty order on steel nails from the People’s Republic of China. This “sunset” review covering the five-year span of 2008 to 2013 will determine whether maintaining the order is warranted. The ITC voted to conduct this procedure without briefing or a […]
Arbitrary jurisdiction decisions exacerbate the ICC’s Africa problem
While Libya’s post-revolution central government struggles to exert control over a restive populace and get the fractured nation’s economy back on track, it has also been fighting a legal battle against the International Court of Justice over the right to try members of the late Muamar Gaddafi’s regime in Libyan courts. The two men in […]
CAFC and CIT Refine Contours of Exhaustion Doctrine
Litigants are generally required to exhaust their administrative remedies by presenting all arguments to the agency before being able to pursue judicial challenge. The United States Court of International Trade has applied this doctrine with increased frequency in recent cases, dismissing issues that it concluded were not fully litigated or properly presented before the agency. […]