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Law360 Quotes Daniel Pickard's Oral Argument in Antidumping Appeal Case

Law360
March 9, 2011

International Trade Practice partner Daniel Pickard was quoted about the U.S. International Trade Commission's (ITC) request that the Federal Circuit overrule its earlier decision to force the Department of Commerce to publish antidumping duty orders early. The ITC and the Diamond Sawblades Manufacturers Coalition (DSMC) delivered oral arguments on whether the Federal Circuit's earlier decision was incorrect, as well as whether the ITC had grounds to bring the appeal. Mr. Pickard, who is counsel for the DSMC, argued that "there were a variety of mootness arguments to the ITC's appeal. The Federal Circuit had clarified that the ITC was obligated to publish a Federal Register notice, and so the ITC was alleging that its injury was something the court had stated they were required to do by statute." He added that "the review coming a year early is 'a pretty theoretical and speculative injury.'" Judge Arthur J. Gajarsa said "that injury might well take place if the ITC was forced to do the review a year early," but Mr. Pickard countered "that the Federal Circuit itself found the ITC was required to do so, so the situation simply involved compliance with the law." "The appeal should be denied on mootness, for lack of standing or on the basis that the December decision resolved all the issues the ITC raised in the current appeal," Mr. Pickard said.