United States International Trade Commission Recent Publications
Published November 20, 2020 by

United States International Trade Commission Recent Publications

United States International Trade Commission (USITC) has a number of outstanding researchers who work and publish articles related to international trade. Below is the list of most recent ones. Approximating an Industry-Specific Global Economic Model of Trade Policy [PDF]David RikerNovember 2020 The Impact of EU Anti-dumping Duties on Urea Ammonium Nitrate SolutionSamuel GoodmanOctober 2020 Demographic Diversity in U.S. Automotive ManufacturingDavid Coffin and Amanda LawrenceSeptember 2020 A Pragmatic Approach to Estimating Nondiscriminatory Non-tariff Trade Costs [PDF]Peter HermanSeptember 2020 Adding Travel Goods to GSP: Did BDCs Benefit?Ryan Kane and Marin WeaverSeptember 2020 Cross-Border Ownership: An Expanded Model and Application to the U.S. Beer Market [PDF]Tyler Daun, Christopher MontgomerySeptember 2020 Kenyan Automotive Industry: Historical Trends and Recent Policy ChangesSimon Adhanom and Jeffrey HorowitzSeptember 2020 Geothermal Heat Pumps: Demand is Heating UpDixie Downing and Fernando GarciaSeptember 2020 Import Entry and Regional Distribution in the U.S. Furniture Market [PDF], David RikerSeptember 2020 A Simple Dynamic Industry Specific PE Model with Flexible Capital and Wages [PDF]Ross HallrenAugust 2020 Illicit Trade in Endangered Flora and FaunaEric HeathAugust 2020 Carbon Border Adjustments: A Catalyst for Lower Aluminum Industry Emissions?Daniel MatthewsAugust 2020 Autonomous Mobile Robots for Warehouses: Rising U.S. Production and CompetitionRobert Casanova, Fernando Garcia, and Andrew DavidAugust 2020 Practical…

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Published January 21, 2014 by

CBP Can’t Hide Behind Ministerial Shield… sometimes

In the Corning Gilbert Inc. v. U.S., importer asked the Court of International Trade for an opinion about Customs and Border Protection (CBP) role in enforcing decisions of other agencies.  The specific issue concerned general exclusion order issued by International Trade Commission (ITC) in the patent infringement investigation for coaxial cable connectors.  Exercising ITC’s authority under 19 U.S.C. § 337(d)(2)(a), the Commission directed CBP to exclude all unlicensed “coaxial cable connectors that infringe claim 1 and/or claim 2 of U.S. Patent 6,558,194.”  Id.  Since the patent in question has only two claims, the ITC’s decision essentially concerned the whole patent.  Now here is the interesting part:  when deciding whether or not to exclude the merchandise, can CBP rely on interpretations of the ITC, or should CBP make its own inquiry?  In Corning Gilbert, CBP thought that reliance on ITC’s interpretation would suffice.  The Court, however, disagreed and requested CBP to exercise its own discretion: “Customs may have to go beyond the mechanical application of the ITC’s Section 337. It may have to look at evidence and analyze whether the importer, particularly a non-party such as Corning Gilbert, has established non-infringement.” Id. This holding is significant in light of CBP’s peculiar role as…

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