A State Department notice declaring that all agency efforts to control international trade now constitute a "foreign affairs function" of the U.S. under the Administrative Procedure Act will ultimately be subject to the discretion of the courts, trade lawyers told us.
Trade attorney Julia Kuelzow has moved from Kelley Drye, where she worked as an associate, to Fenwick & West, where she now works as a trade and national security associate, per a notice at the Court of International Trade. At Fenwick, Kuelzow's practice centers on export controls and sanctions, shifting from her trade remedies work at Kelley Drye. Prior to working at Kelley Drye, Kuelzow served as a law clerk at CIT and as a junior dispute settlement lawyer at the World Trade Organization, according to her LinkedIn page.
Erik Autor, former president of the National Association of Foreign-Trade Zones, has joined customs and trade law firm Barlow & Co. as of counsel, he announced on LinkedIn. Autor's background includes a clerkship at the Court of International Trade and working at Skadden Arps as a lawyer in its international trade practice group. He will assist companies with their customs and trade matters, the firm said.
A World Trade Organization dispute panel found the U.S. violated WTO rules during investigations leading up to the imposition of countervailing duties on ripe olives from Spain. The panel found that the U.S. erred when finding that subsidies given to Spanish raw olive growers under the European Union's Common Agricultural Policy were specific to the olive growers, a finding that was inconsistent with measures in the WTO's Agreement on Subsidies and Countervailing Measures. The Court of International Trade independently came to the same conclusion. In June, the court said that the countervailing duties could not stand since they were not specific to Spanish olive growers (see 2106170075). The panel also said the Commerce Department's regulation permitting it to deem the full amount of subsidies taken in by raw olive growers to have passed through to the downstream producers lacks any real factual basis and is inconsistent with WTO rules. The panel did not find, however, that the antidumping duties on the same goods violated the trade body's rules. "The Commission's efforts to vigorously defend the interests and rights of EU producers, in this case growers of Spanish ripe olives, are now paying off," Valdis Dombrovskis, the EU's commissioner for trade, said. "The WTO has upheld our claims about anti-subsidy duties being unjustified and in violation of WTO rules. These duties severely hit Spanish olive producers, who saw their exports to the US fall dramatically as a result. We now expect the US to take the appropriate steps to implement the WTO ruling, so that exports of ripe olives from Spain to the US can resume under normal conditions.”
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Judge Mark Barnett has taken over as the chief judge of the U.S. Court of International Trade, following Judge Timothy Stanceu's assumption of senior status April 5 (see 2103160061), according to the court's website. Barnett joined the court in 2013 as a President Barack Obama appointee. He previously practiced in the international trade group at Steptoe & Johnson and served in the Office of Chief Counsel for Import Administration at the Commerce Department. He was the longest tenured judge at CIT at the time of Stanceu's move to senior status.
The White House announced its withdrawals of some nominations left over from the Trump administration. Those include the Jan. 3 nomination of Joseph Barloon, former general counsel at the Office of the U.S. Trade Representative, for a judge's seat on the Court of International Trade. He was first nominated in October 2020, then renominated because all nominations in front of the Senate expired with the seating of the new Congress in January. Also withdrawn was the Jan. 6 nomination of William Kimmitt, a former counselor to the USTR, to fill a vacancy on the International Trade Commission. He was first nominated in December 2020.
With all nominations not confirmed during the past two years now expired, the White House has renominated Joseph Barloon, acting deputy U.S. trade representative, to be a judge on the Court of International Trade. If confirmed, he would replace Leo Gordon, who retired. The nomination was among those sent to the Senate Jan. 3.
Joseph Barloon, general counsel for the Office of the U.S. Trade Representative and acting deputy USTR, was nominated by the White House to be a judge on the Court of International Trade. Before joining USTR, Barloon was a partner at Skadden Arps.
Despite resumed talk about tariffs on European autos, U.S. Chamber of Commerce officials say they are heartened by the first signs of progress in months for trade talks between the European Union and the United States. Marjorie Chorlins, the Chamber's senior vice president of European affairs, said with a new team at the European Commission, and the positive comments after the meeting in Davos, Switzerland, between President Donald Trump and EC President Ursula von der Leyen, the business community is feeling new hope for an improvement in relations. The officials spoke during a Jan. 24 conference call.