International Trade Law News /title <!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" ""> <html xmlns="" xml:lang="en" lang="en"> <meta name="verify-v1" content="6kFGcaEvnPNJ6heBYemQKQasNtyHRZrl1qGh38P0b6M=" /> <head> <title>International Trade Law News

« Home | WTO Reports 39% Increase in Antidumping Investigat... » | COAC to Meet in Washington, DC on November 20, 200... » | Canadian Defense Industry Wants to Expand U.S.-Can... » | CBP Announces Answers to October 2008 Customs Brok... » | Southern Border Trade Symposium to be Held in San ... » | Outdoor Equipment Company Pays $685,000 Penalty fo... » | Next NCITD Meeting to Feature Speakers from BIS an... » | BIS Publishes Corrections to Wassenaar Arrrangemen... » | National Foreign Trade Council and USA*Engage Rele... » | U.S. Supreme to Hear First Ever Antidumping Cases » 

November 17, 2008 

Supreme Court Hears Oral Argument in Antidumping Cases

As we reported, the U.S. Supreme Court recently heard oral arguments in the first ever antidumping cases granted certiorari. The consolidated cases, United States v. Eurodif S.A., et al. (Docket No. 07-1059) and USEC, Inc., v. Eurodif S.A., Docket No. (Docket No. 07-1078), involve appeals arising from an antidumping petition filed in December 2000 on imports of low enriched uranium from various countries, including France.

While I was not able to attend the oral argument on November 4th, the transcript from the oral argument can be found here on the Supreme Court's website and a good recap of the oral argument can be found here on the SCOTUS blog.

As expected, the Justices focused their questions to counsel on whether the uranium that was enriched outside of the United States under separative work contracts results in merchandise being sold in the United States. The Justices posed a number of hypotheticals in an effort to establish the line between the sale of a good and the sale of a service. The justices also explored the extent of deference the Court should give to the Commerce Department under the test established in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984).

The SCOTUS blog noted that "because the bench was not particularly active, it is difficult to predict the outcome of the case with any certainty. However, given the Court’s focus during the petitioners’ arguments on how the test would apply more broadly, compared with their skepticism that a contrary interpretation would elevate formality over substance, it seems like that the U.S. and USEC will prevail."

I agree that this is a very close case since there are excellent arguments on both sides. However, I think that the Supreme Court will ultimately side with the U.S. Court of International Trade and the Court of Appeals for the Federal Circuit and find that the contracts for the enrichment of uranium entered into by U.S. buyers were contracts for services, rather than for the sale of goods, and therefore not subject to the U.S. antidumping laws.

The Supreme Court should issue its opinion in this case in the spring of 2009.




Subscribe to our confidential mailing list

Mobile Version

Search Trade Law News

International Trade and Compliance Jobs

Jobs from Indeed




  • This Site is presented for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed when you use this Site. Do not consider the Site to be a substitute for obtaining legal advice from a qualified attorney. The information on this Site may be changed without notice and is not guaranteed to be complete, correct or up-to-date. While we try to revise this Site on a regular basis, it may not reflect the most current legal developments. The opinions expressed on this Site are the opinions of the individual author.
  • The content on this Site may be reproduced and/or distributed in whole or in part, provided that its source is indicated as "International Trade Law News,".
  • ©2003-2015. All rights reserved.

Translate This Site

Powered by Blogger