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William Isasi has more than 20 years of experience advising governments and companies on all aspects of antidumping and countervailing duty proceedings and World Trade Organization (WTO) litigation. In private practice, he has represented companies in the aircraft, steel, oil and gas, chemical, paper, and ball bearing industries, and successfully secured low antidumping and countervailing duty tariffs for his clients. He also advises U.S. companies on the viability of petitioning for antidumping or countervailing duty orders. He joined the firm after serving as an Assistant Chief Counsel at the U.S. Department of Commerce, Office of the Chief Counsel for Trade Enforcement & Compliance. In that role, he provided extensive legal advice on trade enforcement to the Assistant Secretary for Enforcement & Compliance, Deputy Assistant Secretaries, and other Department officials.

On March 12, 2019, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed the U.S. Department of Commerce’s (“Commerce”) determination that solar panels assembled in China from non-Chinese cells were subject to antidumping (AD) and countervailing duties (CVD).  See Canadian Solar, Inc. v. United States.  In doing so, the Federal Circuit found that Commerce had discretion to depart from its long-standing practice of using a substantial transformation test to determine country of origin and instead the agency may fashion different tests for different AD/CVD orders.  The discretion recognized in this ruling creates greater uncertainty for importers with respect to the country of origin of imports covered by AD/CVD orders, making customs compliance more difficult.
Continue Reading Federal Circuit Rules Broad Discretion for Commerce in Country of Origin of AD/CVD Imports