Legal Opinion

Appointment of United States Trade Representative

Department of Justice Office of Legal Counsel

Decided March 13, 2017Published

1Opinion of the Court

(Slip Opinion) Appointment of United States Trade Representative Were it constitutional, 19 U.S.C. § 2171(b)(4) would prohibit anyone “who has directly represented, aided, or advised a foreign entity . . . in any trade negotiation, or trade dispute, with the United States” from being appointed as United States Trade Repre- sentative. A nominee’s previous work on two matters involving antidumping or coun- tervailing duty proceedings before administrative agencies would not be disqualifying under the statute, because neither matter was a “trade negotiation” or, during the time of his…

2Cases cited6 opinions

  1. Systems Application & Technologies, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2012
  2. Jbf Rak LLC v. United StatesCourt of Appeals for the Federal Circuit · 2015
  3. Lasko Metal Products, Inc. v. United StatesUnited States Court of International Trade · 1992
  4. JBF RAK LLC v. United StatesUnited States Court of International Trade · 2014
  5. Internor Trade, Inc. v. United StatesUnited States Court of International Trade · 1986

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