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

Steel importer NLMK Pennsylvania opposed U.S. Steel Corporation's bid to file an amicus curiae brief in a case on the Commerce Department's refusal to grant the importer exclusion from Section 232 steel and aluminum duties, arguing that there is no role for an amicus at this stage of the case. Telling the court that U.S. Steel is "donning sheep's clothing" in "asking for permission to enter as an amicus," even though the parties "wish to settle their dispute," meaning there is no issue in controversy at play (NLMK Pennsylvania v. United States, CIT # 21-00507).Read More >>

The Commerce Department amended its regulations on administrative protective orders and serving documents in antidumping and countervailing duty proceedings. The changes make service of public documents, public versions of business proprietary documents and proprietary documents via electronic transmission the default method of alternative service "when service cannot be effectuated on ACCESS or when ACCESS is unavailable."Read More >>

The Court of International Trade's "unique and unprecedented interpretation" of an "other" provision in the Harmonized Tariff Schedule comes from a "false premise" that would greatly expand its scope throughout the HTS, importer Nature's Touch Frozen Foods argued in its Sept. 27 opening brief at the U.S. Court of Appeals for the Federal Circuit. Seeking its preferred classification of frozen fruit mixtures, the importer said the trade court's reading would also "greatly limit operation of the provisions in [General Rules of Interpretation] 3(b) and (c) which are designed to classify mixtures" (Nature's Touch Frozen Foods (West) v. United States, Fed. Cir. # 23-2093).Read More >>

The Commerce Department incorrectly found that the South Korean government's provision of port-usage rights to countervailing duty respondent Hyundai Steel Co. was a countervailable benefit, the Court of International Trade ruled in a Sept. 26 opinion. Judge M. Miller Baker said that Hyundai built the port in exchange for the right to collect third-party fees, so the provision of port-usage rights might not be a benefit but rather a payment for "consideration," as used in contract law terms.Read More >>

The Commerce Department legally excluded importer Siffron's plastic shelf dividers from the antidumping and countervailing duty orders on raw flexible magnets from China, the Court of International Trade ruled in a Sept. 26 opinion. Judge Jennifer Choe-Groves said that Commerce reasonably determined that the scope language and the (k)(1) sources, including prior scope rulings and a report from the International Trade Commission, established that the dividers didn't belong in the scope of the orders.Read More >>