Justia International Law Opinion Summaries

In this case, the central issue arose during a countervailing duty investigation into phosphate fertilizers imported from Morocco and Russia. The International Trade Commission (Commission) collected information through questionnaires sent to various parties, including domestic and foreign producers. The Commission’s longstanding practice was to automatically designate all questionnaire responses as confidential, regardless of whether the submitting party requested confidentiality or whether the information would qualify for such treatment under the relevant statute. This led to heavy redactions in the administrative record when the investigation was challenged in court.A Moroccan producer, OCP S.A., sought review of the Commission’s injury determination in the United States Court of International Trade (CIT). The CIT initially remanded the injury determination due to insufficient evidentiary support. When the remand record again included substantial redactions, the CIT held a hearing to scrutinize the Commission’s confidentiality designations. After reviewing arguments from the Commission and affected parties, the CIT concluded that the Commission’s practice of automatically treating all questionnaire responses as confidential was unauthorized by law. The CIT found that much of the redacted information was either publicly available, generalized, or outdated, and thus not entitled to confidential treatment, with only a small portion warranting protection.The United States Court of Appeals for the Federal Circuit reviewed the CIT’s Confidentiality Opinion and Order. The Federal Circuit held that the governing statute does not abrogate the common law right of public access to judicial records and that the Commission’s blanket confidentiality rule conflicts with statutory requirements, which demand public disclosure of non-confidential information and proper justification for confidentiality. The Federal Circuit affirmed the CIT’s order that required the Commission to comply with statutory standards for confidentiality and to cease automatic confidential designation of questionnaire responses. View "In re United States" on Justia Law

In a dispute concerning antidumping and countervailing duties on mattresses imported from several countries, the U.S. International Trade Commission determined that domestic industry suffered material injury from imports sold at less than fair value and from subsidized imports. The Commission treated certain information submitted in response to its questionnaires as confidential. After the Court of International Trade issued a public opinion sustaining the Commission’s injury determination, it did not redact information the Commission had deemed confidential. The Commission requested retraction of the public opinion and sought redactions for specific company names and numerical data, arguing these deserved confidential treatment.The parties jointly moved for redaction, relying on the Commission’s practice of treating questionnaire data as confidential and citing statutory provisions. The Court of International Trade denied the motion, reasoning that the information was either publicly available or not linked to specific entities, and that some claims of confidentiality had been waived due to procedural oversight. The court also emphasized the common law right of access and transparency, but did not specifically address the statutory authority for disclosure.On appeal, the United States Court of Appeals for the Federal Circuit reviewed the denial of the joint motion. The court found the case moot because the allegedly confidential information had already been publicly disclosed more than two years earlier, rendering any relief unavailable. The Federal Circuit held that the “capable of repetition, yet evading review” exception to mootness did not apply, as the companion case decided that day resolved the same confidentiality issues. Therefore, the appeal was dismissed, and no costs were awarded. View "In re United States" on Justia Law

A family that inherited a renowned art collection in Hungary prior to World War II sought to recover dozens of valuable artworks seized by the Hungarian government and its Nazi collaborators during the Holocaust. The heirs, who became citizens of the United States and other countries, alleged that the majority of the collection was confiscated during the Nazi occupation and dispersed across Europe and later deposited at Hungarian institutions. Some pieces were returned to the family after the war, only to be retaken by the government under various circumstances, including criminal forfeiture and postwar policies.The heirs initially pursued their claims in Hungarian courts without success. In 2010, they sued the Republic of Hungary and several Hungarian museums in the United States District Court for the District of Columbia, invoking the Foreign Sovereign Immunities Act (FSIA) expropriation and commercial activity exceptions. The district court partly dismissed the claims on international comity grounds but retained jurisdiction over most artworks. The U.S. Court of Appeals for the District of Columbia Circuit reversed the comity dismissal and affirmed jurisdiction on different grounds. Subsequent rulings narrowed the scope of claims, particularly after the Supreme Court’s decision in Federal Republic of Germany v. Philipp, which clarified the FSIA’s expropriation exception and incorporated the domestic-takings rule, limiting jurisdiction over property taken from a sovereign’s own nationals.On appeal, the United States Court of Appeals for the District of Columbia Circuit concluded that U.S. courts lack jurisdiction over the family’s claims. The court held that plaintiffs failed to establish that the seizure of their artwork violated the international law of expropriation, as required by the FSIA. It found no international authority supporting jurisdiction for wartime or stateless-person takings, and that treaties and the domestic-takings rule further barred the claims. The court affirmed the district court’s complete dismissal of the litigation. View "De Csepel v. Republic of Hungary" on Justia Law

Russian producers of phosphate fertilizers were investigated by the U.S. Department of Commerce after a domestic company alleged that the Russian government was providing subsidies, specifically through the provision of natural gas at prices below market value. Commerce’s investigation focused on whether these subsidies were both “specific” to an industry or enterprise and constituted a financial benefit through the sale of gas at less than adequate remuneration. During the investigation, Commerce requested and reviewed data from Russian authorities and Gazprom, Russia’s state-controlled gas supplier, about the volume and pricing of natural gas provided to various Russian industries. The evidence showed that the agrochemical industry, which includes fertilizer producers, was the largest industrial consumer of natural gas, though some non-industrial sectors consumed more in total.Commerce determined that the subsidy was “de facto specific” because the agrochemical industry was a predominant industrial user of natural gas. It also found that natural gas was provided at less than adequate remuneration, using a third-tier benchmark analysis that relied on international energy price data, after concluding that Russian market prices were distorted by government intervention and not set by market principles. Commerce’s final determination imposed countervailing duties on Russian phosphate fertilizer imports.The United States Court of International Trade reviewed Commerce’s decisions and upheld both the specificity and pricing determinations, remanding only on unrelated issues. Upon remand, Commerce reaffirmed its conclusions, and the Trade Court entered final judgment in support of the agency’s findings.The United States Court of Appeals for the Federal Circuit affirmed the Trade Court’s judgment. The court held that Commerce has reasonable flexibility in determining the appropriate comparator group for the “predominant user” analysis and that its approach in this case was reasonable. The court also upheld Commerce’s less-than-adequate-remuneration analysis and rejected arguments that further adjustments were required by statute. The judgment sustaining the countervailing duties was affirmed. View "MOSAIC COMPANY v. US " on Justia Law

Blue Sky The Color of Imagination, LLC imported a spiral-bound paper product that combines monthly calendars, weekly planning pages, note sections, and additional pages for goals and contacts. Blue Sky labeled this item a “weekly/monthly planning calendar,” while the government referred to it as a “planner.” The product was designed for users to schedule future appointments and events.Initially, Customs and Border Protection classified this product under subheading 4820.10.40.00 of the Harmonized Tariff Schedule of the United States (HTSUS), as “[o]ther” stationery items. Blue Sky protested, seeking classification under heading 4910 as a “calendar,” but Customs denied the protest. Blue Sky then filed suit in the United States Court of International Trade. The Trade Court granted summary judgment, rejecting both parties’ proposed classifications and instead classified the product as a “diary” under subheading 4820.10.20.10. The Trade Court reasoned that “diary” covers both retrospective journals and prospective scheduling devices, and found Blue Sky’s product fit this category.On appeal, the United States Court of Appeals for the Federal Circuit reviewed the Trade Court’s summary judgment de novo. The Federal Circuit found that the Trade Court’s definition of “diary” conflicted with the controlling precedent set in Mead Corp. v. United States, which held that a “diary” is retrospective, not prospective. Because Blue Sky’s product is used to note future appointments, the Federal Circuit concluded that it cannot be classified as a “diary.” The court reversed the Trade Court’s decision and remanded for further proceedings consistent with its opinion, directing the Trade Court to reconsider the proper classification under the HTSUS. View "BLUE SKY THE COLOR OF IMAGINATION, LLC v. US " on Justia Law

Turkish steel producers, including Kaptan Demir Celik Endustrisi ve Ticaret A.S., were subject to a countervailing duty (CVD) order after the U.S. Department of Commerce determined that the Turkish government subsidized steel rebar exports. During an administrative review, Commerce found that Kaptan sourced steel scrap, a key input for rebar, from several affiliates, including Nur, a shipbuilder. Commerce initially determined that Nur’s steel scrap was primarily dedicated to Kaptan’s rebar production, making Nur a cross-owned input supplier whose subsidies should be attributed to Kaptan, thereby increasing Kaptan’s CVD rate.The United States Court of International Trade (CIT) reviewed Commerce’s decision after Kaptan challenged the cross-attribution of Nur’s subsidies. The CIT found that Commerce had not adequately explained whether steel scrap was merely a link in the rebar production chain or addressed prior cases treating steel scrap as a byproduct. The CIT remanded the case for further explanation. On remand, Commerce developed a multi-factor analysis and ultimately reversed its position, finding that Nur’s steel scrap was a common, unprocessed input used in various products and industries, and that Nur’s primary business activity—shipbuilding—was not dedicated almost exclusively to producing rebar. As a result, Commerce concluded that Nur was not a cross-owned input supplier, and Kaptan’s CVD rate was reduced to a de minimis level. The CIT sustained Commerce’s remand decision.On appeal, the United States Court of Appeals for the Federal Circuit reviewed the CIT’s decision for abuse of discretion and Commerce’s remand findings for substantial evidence. The Federal Circuit affirmed, holding that Commerce’s determination that Nur’s steel scrap was not primarily dedicated to Kaptan’s rebar production was adequately explained, supported by substantial evidence, and consistent with the applicable regulation. View "KAPTAN DEMIR CELIK ENDUSTRISI VE TICARET A.S. v. US " on Justia Law

Causam Enterprises, Inc. owns several patents related to “demand response” technology, which allows electrical utilities to reduce power demand in response to certain conditions. Causam filed a complaint with the United States International Trade Commission (ITC), alleging that Resideo Smart Homes Technology (Tianjin) and its affiliate Ademco, Inc. were importing and selling internet-connected smart thermostats that infringed method claim 1 of U.S. Patent No. 10,394,268, which Causam claimed to own. Causam sought to exclude these products from importation. During the ITC investigation, respondents argued that Causam did not own the patent and that Resideo’s products did not infringe the asserted claims.The assigned administrative law judge (ALJ) at the ITC found that Causam did not own the ’268 patent and that Resideo’s products did not infringe the claims. The full Commission, upon review, adopted only the noninfringement finding and did not address the ownership issue. Causam appealed to the United States Court of Appeals for the Federal Circuit, challenging the noninfringement determination and seeking a ruling on ownership. Meanwhile, the Patent Trial and Appeal Board (PTAB) held, in a separate inter partes review, that claim 1 of the ’268 patent was unpatentable, and the Federal Circuit affirmed that decision in a companion case.The United States Court of Appeals for the Federal Circuit held that Causam owns the ’268 patent, interpreting the relevant assignment agreements to exclude continuations-in-part from a prior assignment, thus leaving ownership with Causam. However, the court did not reach the noninfringement issue because its affirmance of the PTAB’s finding that claim 1 is unpatentable rendered the appeal moot. The court therefore dismissed the appeal as moot. View "CAUSAM ENTERPRISES, INC. v. ITC " on Justia Law

Gujarat Fluorochemicals Ltd., an Indian manufacturer, was subject to a countervailing duty investigation initiated by the U.S. Department of Commerce after Daikin America, Inc., a U.S. producer, filed petitions regarding imports of granular polytetrafluoroethylene (PTFE) resin from India and Russia. During the period of investigation, Gujarat purchased wind energy from Inox Wind Limited, a cross-owned Indian company that had received a subsidized land lease from the Indian government. Inox sold all its wind energy to Gujarat, which was used at Gujarat’s production facility to manufacture PTFE resin and other products. The wind energy from Inox represented a small fraction of the total energy consumed at the facility.Commerce determined that the subsidy received by Inox should be attributed to Gujarat under the cross-ownership regulation at 19 C.F.R. § 351.525(b)(6)(iv), resulting in a significant portion of the countervailing duty rate assessed against Gujarat. Commerce reasoned that because all of Inox’s wind energy was supplied to Gujarat, the input was “primarily dedicated” to Gujarat’s downstream production. Gujarat challenged this determination before the United States Court of International Trade, arguing that Commerce misapplied the “primarily dedicated” standard. The Trade Court agreed, finding that the regulation required more than mere consumption of the input by the downstream producer and that the facts did not support attributing the subsidy under the cross-ownership provision. The Trade Court ordered Commerce to remove the portion of the duty rate based on this attribution, and Commerce complied under protest.On appeal, the United States Court of Appeals for the Federal Circuit affirmed the Trade Court’s judgment. The Federal Circuit held that the cross-ownership regulation does not apply solely because the downstream producer is the sole consumer of the input. Instead, the regulation requires a fact-specific inquiry into whether the input’s production is primarily dedicated to the downstream product, as reflected in the regulatory history and examples. The court affirmed the removal of the subsidy attribution and the adjusted duty rate. View "GUJARAT FLUOROCHEMICALS LTD. v. US " on Justia Law

A German telecommunications company invested nearly $100 million in an Indian company through a Singaporean subsidiary, acquiring a significant minority stake. The Indian government, through its wholly owned space company, later terminated a contract with the Indian company, prompting the German investor to initiate arbitration in Switzerland under a bilateral investment treaty (BIT) between Germany and India. The arbitral tribunal ruled in favor of the German company, awarding it over $93 million, and courts in Switzerland, Germany, and Singapore confirmed the award.The United States District Court for the District of Columbia was then asked to confirm the arbitral award. India moved to dismiss, arguing sovereign immunity under the Foreign Sovereign Immunities Act (FSIA), forum non conveniens, and that the dispute did not fall within the scope of the BIT’s arbitration clause. The district court denied the motion to dismiss, holding that the FSIA’s arbitration exception applied, that forum non conveniens was unavailable in such proceedings, and that the parties had delegated questions of arbitrability to the arbitrators, thus precluding judicial review of those issues. The court also found that India had forfeited other merits defenses by not raising them earlier.The United States Court of Appeals for the District of Columbia Circuit affirmed the denial of dismissal on immunity and forum non conveniens grounds, but held that the district court erred in refusing to consider India’s substantive defenses to enforcement of the award. The appellate court found that the BIT did not clearly and unmistakably delegate exclusive authority over arbitrability to the arbitrators, so the district court must consider India’s merits defenses under the New York Convention. The judgment confirming the award was vacated and the case remanded for further proceedings. View "Deutsche Telekom, A.G. v. Republic of India" on Justia Law

In 2010, the Venezuelan government expropriated assets belonging to a Venezuelan subsidiary of a U.S.-based energy company. The subsidiary had provided drilling services to a state-owned Venezuelan energy company, but after a breakdown in their business relationship and significant unpaid invoices, Venezuelan authorities blockaded the subsidiary’s operations, issued public statements about nationalization, and ultimately transferred the subsidiary’s assets to the state-owned company, which began operating them. The U.S. parent company claimed that this expropriation rendered its ownership interest in the subsidiary worthless and deprived it of its rights to control the subsidiary’s assets.The U.S. parent company and its Venezuelan subsidiary filed suit in the United States District Court for the District of Columbia against Venezuela and its state-owned energy company, alleging unlawful expropriation. The district court denied the defendants’ motion to dismiss, and the U.S. Court of Appeals for the District of Columbia Circuit initially affirmed. However, the Supreme Court vacated that decision, clarifying the standard for the Foreign Sovereign Immunities Act (FSIA) expropriation exception. On remand, the D.C. Circuit found that only the U.S. parent company had a valid claim under international law, as the domestic-takings rule barred the subsidiary’s claim. The district court later dismissed Venezuela as a defendant, leaving the state-owned company as the sole defendant.On appeal, the United States Court of Appeals for the District of Columbia Circuit affirmed the district court’s denial of the state-owned company’s motion to dismiss. The court held that the FSIA’s expropriation exception applied because Venezuela indirectly expropriated the U.S. company’s property, the state-owned company owns and operates the expropriated assets, and it engages in commercial activity in the United States. The court also held that personal jurisdiction was proper and that the act-of-state doctrine, as limited by the Second Hickenlooper Amendment, did not bar the claim. View "Helmerich & Payne International Drilling Co. v. Petroleos De Venezuela, S.A." on Justia Law