By Gregory J. Spak, Forrest R. Hansen & Daniel J. Hickman | 61 Am. U. L. Rev. 1105 (2012)
White & Case LLP
The United States Court of Appeals for the Federal Circuit occupies a unique position among the thirteen federal courts of appeals. Hearing cases nationwide, the Federal Circuit exercises jurisdiction over specific subject matters, including international trade, government contracts, patents, trademarks, certain money claims against the United States government, federal personnel, veterans benefits, and public safety officers’ benefits claims. The Federal Circuit is frequently called upon to review decisions from the United States Court of International Trade, the United States Court of Federal Claims, the United States Court of Appeals for Veterans Claims, and federal district courts.
This Article provides a summary of the international trade cases appealed to the Federal Circuit from the United States Court of International Trade (CIT) and the United States International Trade Commission (ITC or Commission) during 2011. Twenty-four precedential decisions were issued, addressing United States Customs Laws, Trade Remedy Laws, and other international trade issues. Of the twenty-one precedential decisions arising from the CIT, the Federal Circuit affirmed nine and reversed or vacated eleven. Six of the cases involved challenges to tariff classifications; three cases involved questions about the scope of the CIT’s jurisdiction; one case involved jurisdictional issues in filing certificates of origin; four cases involved challenges to Commerce’s authority to impose duties; five cases involved challenges to Commerce’s methods of calculating duties, including its controversial practice of zeroing; and one case involved review of proceedings tainted by material fraud. Of the three precedential opinions arising from ITC decisions pursuant to Section 337 of the Tariff Act of 1930, two ITC decisions were affirmed and one was vacated.