Principals from the government agencies (Commerce, ITC, & CBP) will address the current priorities of, and challenges faced by their agencies.

Moderator: Mary Jane Alves, Partner, Cassidy Levy Kent LLP

The Enforce and Protect Act (EAPA) (19 USC 1517) is administered by US Customs & Border Protection (CBP) and is designed to give CBP additional remedies for addressing the evasion of an antidumping or countervailing duty order.  At the same time, Section 1677j provides the Department of Commerce with tools for determining whether changes in a product’s country of origin (i.e., minor assembly in the United States/third country) or changes in the product itself (i.e., minor alterations or later developed merchandise) constitute a “circumvention” of an antidumping or countervailing duty order.  This panel discussion will provide important updates on agency and court decisions concerning both of these statutes, as well as a robust discussion of the many issues that arise in both types of proceedings.

Moderator: Jamie Shookman, Senior Counsel, Husch Blackwell

This panel features three esteemed trade attorneys with vast experience in international trade matters.  Moderated by a former commissioner of the U.S. International Trade Commission, the panelists will address the APO statute and rules on confidentiality, in particular how firms might best protect business proprietary information while understanding and respecting the virtues of public transparency.  The panelists will examine the most recent Court of International Trade cases relevant to this issue and discuss how the court’s decisions may impact firms’ expectations regarding business proprietary information and their cooperation in providing information to the administrative agencies.

Moderator: Irving Williamson, Former Chairman, International Trade Commission

This panel will examine and discuss an evolving issue in trade, namely import prohibitions on goods made with forced labor.  The panel will include discussion of the statutory and administrative framework and government enforcement efforts, the collection and reporting of information globally, supply chain and compliance issues faced by private sector participants, and an overview of judicial remedies.  Panelists include both government and private sector participants.

Moderator: Padideh Ala’i, Professor, American University, Washington College of Law

The panel will discuss potential barriers to having the merits of an argument heard in court, such as whether the court’s jurisdiction has been properly invoked, whether administrative remedies have been exhausted, and whether intervention is permitted and proper.  The panel will focus on the main bases for jurisdiction before the CIT – sections 1581(a), (c), and (i) – and highlight recent cases addressing which basis for jurisdiction is appropriate for particular kinds of claims.  The panel additionally will discuss how principles regarding exhaustion of administrative remedies and rules for intervention may vary depending upon the jurisdictional provision invoked.  The panel will also offer insight on how to navigate potential pitfalls that may prevent the merits of your arguments from being heard.

Moderator: Daniel Witkowski, Counsel, Akin Gump Strauss Hauer & Feld, LLP

Please join an exciting panel of government stakeholders and private sector practitioners as they navigate common scenarios that come up during the long lifecycle of business proprietary information in trade proceedings.  Model Rule 1.6 addresses lawyers’ responsibility to not reveal information relating to the representation of a client, including the client’s business proprietary data and information.  Relatedly, the U.S. government and its agencies have a responsibility to protect proprietary information submitted to it during the course of a proceeding and subsequent litigation. But who decides what is proprietary and what if the proprietary nature of information erodes over time?  The panel will discuss the tensions that exist between the stakeholders who submit client’s proprietary information in trade proceedings, the agencies tasked with protecting that information, and the Court’s obligation to the public to ensure openness and transparency in trade proceedings.

Moderator: Leo M. Gordon, Judge, U.S. Court of International Trade

The Supreme Court’s June 2024 decision in Loper Bright Enterprises v. Raimondo, which overturned the long-standing precedent of Chevron v. NRDC, is recognized as one of the most important administrative law decisions in decades.  In cases involving the interpretation of statutes, Loper Bright promises to remake the relationship between the Courts, Executive Branch agencies, and Congress.  How will this impact the Court of International Trade’s practice?  This engaging panel will place Loper Bright in the context of international trade law.  Expect a lively discussion!

Moderator: Tara Hogan, Assistant Director, Department of Justice

Panelists:

A panel of judges from the United States Court of International Trade

Moderator: Elizabeth Drake, Partner, Schagrin Associates