Mark B. Lehnardt, Esq.
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Court of Appeals for the Federal Circuit
Cases:          7
Argued:      3
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Court of International Trade
Cases:       22
Argued:      4
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World Trade Organization
Cases:          5
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Other Courts
Cases:          3

Representative Cases

  • GPX Int’l Tire Co. v. United States, 70 F.Supp.3d 1266 (Ct. Int’l Trade 2015)
    • Won enforcement of judgment when Department of Commerce refused to follow court’s order, wrongly claiming that WTO proceedings supersede all domestic litigation
  • Downhole Pipe & Equip. v. United States, 34 F.Supp.3d 1310 (Ct. Int’l Trade 2014), aff’d per curiam 621 Fed. Appx. 667 (Fed. Cir. 2015)
    • Won reversal of affirmative threat determination by the International Trade Commission on the basis of lack of substantial evidentiary support
  • MacLean-Fogg v. United States, 753 F.3d 1237 (Fed. Cir. 2014)
    • Won change in law and reversal of adverse Court of International Trade deference to Department of Commerce regulation excluding voluntary respondents from calculation of the all-others rate, thereby reducing all-others countervailing duty rate from 374% to 7%
  • Suntec Indus. Co. v. United States, 951 F. Supp. 2d 1341 (Ct. Int’l Trade 2013)
    • Defeated motion to dismiss for lack of jurisdiction and failure to state a claim in due process case brought under the CIT’s residual jurisdiction
  • Downhole Pipe & Equip. v. United States, 887 F. Supp. 2d 1311 (Ct. Int’l Trade 2012)
    • Won remand to Department of Commerce for unsupported surrogate value selection
  • Uniroyal Marine Exp., Ltd. v. United States, 626 F. Supp. 2d 1312 (Ct. Int’l Trade 2009)
    • Won appeal of Department of Commerce administrative procedural decision.
  • KYD, Inc. v. United States, 613 F. Supp. 2d 1371 (Ct. Int’l Trade 2009)
    • Won appeal regarding respondent selection and application of adverse facts available.
  • Universal Polybag Co. v. United States, 577 F. Supp. 2d 1284 (Ct. Int’l Trade 2008)
    • Won appeal regarding respondent selection and application of adverse facts available.
  • Huvis Corp. v. United States, 32 CIT 845 (2008), aff’d 570 F.3d 1347 (Fed. Cir. 2009)
    • Won appeal regarding Department of Commerce application of facts available.
  • Parkdale Int’l Ltd. v. United States, 581 F. Supp. 2d 1334 (Ct. Int’l Trade 2007)
    • Won appeal regarding the effective date of revocation of an antidumping duty order.
  • Dofasco, Inc. v. United States, 519 F.Supp.2d 1284 (Ct. Int’l Trade, 2007)
    • Won procedural issue regarding standing of parties to participate in litigation.
  • Nucor Corp. v. United States, 516 F.Supp.2d 1348 (Ct. Int’l Trade 2007)
    • Won procedural issue regarding standing of parties to participate in litigation and remedies available to plaintiff.
  • Parkdale Int’l Ltd. v. United States, 508 F. Supp. 2d 1338 (Ct. Int’l Trade 2007)
    • Won appeal of Department of Commerce policy affecting resellers
 
WTO Cases
  • DS350 United States — Continued Existence and Application of Zeroing Methodology (Complainant: European Communities)
    • Defeated attempt to expand the Terms of Reference before the Panel
  • DS345 United States — Customs Bond Directive for Merchandise Subject to Anti-Dumping/Countervailing Duties (Complainant: India)
    • Successfully defended against allegations of misapplied antidumping duty law in connection with customs bond directive
  • DS343 United States — Measures Relating to Shrimp from Thailand (Complainant: Thailand)
  • DS331 Mexico — Anti-Dumping Duties on Steel Pipes and Tubes from Guatemala (Complainant: Guatemala)
  • DS328 European Communities — Definitive Safeguard Measure on Salmon (Complainant: Norway)

Mark B. Lehnardt, Esq.           1025 Connecticut Avenue, N.W., Suite 1012          Washington, D.C.  20036
Email:  Mark@MarkLehnardtEsq.com          Telephone:  202.642.4850

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