Rulings, remedies and court proceedings for customs and trade professionals

Biography for Jacob Kopnick

Jacob Kopnick, Associate Editor, is a reporter for Trade Law Daily and its sister publications Export Compliance Daily and International Trade Today. He joined the Warren Communications News team in early 2021 covering a wide range of topics including trade-related court cases and export issues in Europe and Asia. Jacob's background is in trade policy, having spent time with both CSIS and USTR researching international trade and its complexities. Jacob is a graduate of the University of Michigan with a B.A. in Public Policy.

Recent Articles by Jacob Kopnick

The Court of International Trade should not grant improper Diamond Tools Technology's application for attorney fees under the Equal Access to Justice Act since the government's position in an Enforce and Protect Act investigation was "substantially justified" and the case presented a "matter of first impression and a novel issue," the U.S. argued in a Nov. 27 reply brief (Diamond Tools Technology v. United States, CIT # 20-00060).Read More >>

A case challenging President Donald Trump's expansion of Section 232 steel and aluminum duties onto derivative products shouldn't be stayed pending the U.S. Supreme Court's review of the Chevron deference doctrine, the government told the high court in a Nov. 27 brief. Replying to exporter Oman Fasteners' petition for a writ of certiorari, DOJ said the case involving the review of Chevron, Loper Bright Enterprises v. Raimondo, will not affect the present dispute because Loper Bright doesn't involve "challenges to actions taken by the President" (Oman Fasteners v. U.S., Sup. Ct. # 23-432).Read More >>

The Commerce Department properly hit exporter Kumar Industries with a 13.61% adverse facts available dumping rate due to the respondent's "inadequate explanations" regarding one of its partners' ownership interest in two unnamed companies, companies A and B, the Court of International Trade ruled in a Nov. 22 opinion. Judge Timothy Stanceu sustained the rate as part of the first antidumping duty review on glycine from India, finding that Kumar "raised more questions than it answered" in its submissions, preventing Commerce from conducting a proper affiliate analysis.Read More >>

The Court of International Trade in a Nov. 27 opinion sustained the Commerce Department's finding that ship building company Nur Gemicilik ve Tic, an affiliate of countervailing duty respondent Kaptan Demir Celik Endustrisi ve Ticaret, is not Kaptan's cross-owned input supplier. Judge Gary Katzmann upheld Commerce's finding that Nur's steel scrap was not necessarily primarily dedicated to Kaptan's rebar production, and its consideration of Nur's business activities as part of this analysis.Read More >>

Importer Amsted Rail Co. and its Mexican maquiladora affiliate ASF-K Mexico returned a conflict of interest suit against their former counsel, Buchanan Ingersoll partner Daniel Pickard to the Court of International Trade. Filing another complaint at the trade court after previous claims against the Buchanan partner fell short for jurisdictional reasons, ARC said Pickard "betrayed" the company by using its information against it in an injury petition on freight rail couplers from Mexico and China (Amsted Rail Co. v. U.S., CIT # 23-00242).Read More >>