By Kevin J. Fandl | 63 Am. U. L. Rev. 1375 (2014)
The 2013 term at the U.S. Court of Appeals for the Federal Circuit was replete with a variety of important international trade law decisions. As in past terms, the majority of cases addressed challenges to antidumping orders and administrative review processes. However, this term also included a significant case pertaining to alleged discrimination within the Harmonized Tariff Schedule. Another case involved a complaint by U.S. lumber firms challenging the authority of the U.S. Trade Representative (USTR). The court also addressed a unique First Amendment challenge to an antidumping order—arguing that a negative response to an administrative questionnaire should not be used against a party in a duty determination. Additionally, six classification cases provided valuable insight into the U.S. Customs and Border Protection’s (“Customs”) discretion in identifying a proper tariff heading.
This Article is not organized in order of case significance, but rather on the content of the opinions. The first Part focuses on antidumping decisions—discussing ten precedential decisions. The second Part addresses classification issues—providing an overview of six precedential cases. The remaining two Parts address rule of origin and procedural cases. While many unique issues were raised at the Federal Circuit this term, the scope of the court’s review and its deference to regulatory agencies was consistent with prior terms.