I am pleased to introduce this tenth volume in which the Georgetown Journal of International Law ("Journal") provides a compendium of articles surveying the most significant decisions, and perceived trends, at the U.S. Court of International Trade ("CIT") and the U.S. Court of Appeals for the Federal Circuit ("Federal Circuit"). Once again, the Journal has gathered experienced members of the trade bar to offer their insights and analyses on the important issues addressed by these courts in 2014.
These two courts are unusual within the federal judiciary. While most circuit and district courts are defined by geography, these courts have national jurisdiction, but within certain specific, and limited, subject matter jurisdictions. The CIT, created by the Customs Courts Act of 1980, provides judicial review of the various types of civil actions that may arise from import transactions affecting international trade. The Federal Circuit hears appeals from the CIT as well as other specialized bodies and intellectual property cases from the district courts. This system of judicial review in international trade cases, focused on these two specialized national courts, can be traced to Article I, Section 8, Clause 1 of the Constitution, providing that "all Duties, Imports and Excises shall be uniform throughout the United States."
The jurisdiction of the CIT is detailed in 28 U.S.C. [section][section] 1581 and 1582. In 2014, as in recent years, the vast majority of the 163 opinions issued by the CIT (both dispositive and non-dispositive) involved [section] 1581(c) cases, which challenge determinations by the U.S. Department of Commerce ("Commerce") or the U.S. International Trade Commission ("ITC" or "Commission") in antidumping and countervailing duty proceedings. Similarly, twenty-eight of the fifty-four decisions from the Federal Circuit addressed appeals in antidumping and countervailing duty cases brought pursuant to [section] 1581 (c). Reflecting that breakdown of jurisprudence, four of the seven articles address important issues arising in these cases.
Three of the four articles regarding the case law under the courts' [section] 1581 (c) jurisdiction involve appeals from Commerce determinations. Alexander Sverdlov focuses on two aspects of these proceedings: the selection of surrogate values (used to calculate the normal value side of the dumping equation when examining pricing from non-market economy countries such as China and Vietnam) and the...