By Jennifer S. Huber & Simon G. Courtman | 64 Am. U. L. Rev. 899
In 2014, the Federal Circuit issued thirty-six precedential opinions in the international trade-related cases it heard on appeal from the Trade Court and USITC. Of those cases, the Federal Circuit affirmed twenty-seven cases, reversed or vacated seven cases, and issued two orders it considered of precedential value.
This Article proceeds in four Parts. Part I describes the Trade Court’s jurisdiction and briefly discusses the two main categories of international trade-related cases heard by it: (1) customs duties and tariff assessments under the Tariff Act and (2) AD/CVD orders, investigations, and other matters under the Tariff Act. Part II discusses the customs matters appealed to the Federal Circuit from the Trade Court, and includes a description of the relevant statutory basis and procedural history permitting the Trade Court and Federal Circuit to exercise jurisdiction in those matters. Similarly, Part III addresses the AD/CVD matters heard by the Trade Court and appealed to the Federal Circuit, together with the relevant statutory and procedural bases supporting the exercise of jurisdiction by the Trade Court and Federal Circuit in those cases. Part IV addresses the section 337 cases heard by the Federal Circuit, including the relevant statutory basis and procedural history of those cases.