A legal brief is a document that argues your side over the other party’s. It details why your client should win or have a motion granted by the judge or other court officials.

Directions: A legal brief is a document that argues your side over the other party’s. It details why your client should win or have a motion granted by the judge or other court officials.

This is a crucial document as it provides contextual information for officials before a potential court appearance, and a platform for your argument.

In your opinion papers, you were arguing your own personal legal opinion. Here, in this brief, you will be arguing for your client over the other party’s side.

Thus, your brief should be highly persuasive. Read the following hypothetical and then prepare your Appellate Brief: Orca Eventyr Kayaks, Inc. (OEC) is a Norwegian company founded in Tromsø, Norway in 1974. Tromsø is the capital of Arctic Circle. OEC was founded when a Norwegian family realized that they could manufacture their luxury glass bottom kayaks and sell them on the global market.

These luxury glass bottom kayaks were originally made for viewing sea life in the beautiful Fjords of Norway including pods of amazing orca whales in the crystal blue waters of the Fjords. The Norwegian government subsidizes OEC’s glass bottom kayaks by funding OEC with grants and by providing the materials used to manufacture the kayaks to OEC at a drastically discounted rate.

OEC began manufacturing and selling their glass bottom kayas in Norway and all over Europe in the late 1970s. In early 2020, OEC decided they wanted to enter the U.S. market and sell their kayaks in the United States. OEC market research showed that states like Hawaii, California, Washington, Oregon, and Florida with lucrative water tourism would provide a sales market that would nearly quadruple OEC sales.

OEC decided that in order to successfully break into the U.S .Market, they would need to competitively price the kayaks. OEC’s International Market Research team found three competing companies that were operating on the West Coast and East Coast of the U.S. who also sold glass bottom kayaks. Below is a summary of OEC’s research: Name of the Company: Kayak Model: Price in the U.S.

Market before taxes: GOKAYAKS Venturer 13D $275 PNW Kayaks Glass Viewer 2020 $325 Luxury Water Kayaks (LWK) Open Bottom 360 $310 OEC’s legal team decided that in order to compete with these American made kayaks, they would need to price their glass bottom Kayak at $205.

They would also offer a lifetime warranty and two extra paddles with purchase of their Kayak. The cost of manufacturing an OEC Kayak is $175. However, after international shipping costs, steep import tariffs on foreign recreational devices in the U.S., and the cost of advertising in America, the cost of one OEC Kayak in the U.S.A would be $295 to OEC.

Therefore, OEC would be losing $90 on each kayak they would sell in the U.S. OEC determined that if they could sustain the loss for one (1) year they could wipe out some of the glass bottom kayak competition in the U.S. and gain a market share.

OEC determined that once they had developed strong relations in the U.S. market, they could raise the price on their glass bottom kayaks in the U.S. market and start turning a substantial profit. In March 2020, OEC began selling their glass bottom kayaks in the U.S.

Their product was a hit on the U.S. outdoor recreation market. OEC sold 15,000 Kayaks in the first six (6) months of business resulting in $1.35 million dollars of loss to OEC. Competitor PNW Kayaks, Inc. took note of OEC’s success in the American Outdoor recreation market and was infuriated that a Norwegian company was stealing a portion of the American Market and competing with their glass bottom kayak sales.

On March 19, 2022, PNW Kayaks, Inc., filed petitions claiming that OEC’s sale of kayaks were in violation of antidumping duties under 19 U.S.C. §§ 1673–1673h. The U.S. Department of Commerce eventually agreed with PNW Kayaks, Inc. that the subject imports were being sold in the United States at less than fair value.

The United States International Trade Commission (ITC) determined that the domestic outdoor recreation industry was materially injured by reason of the imports of glass bottom kayaks from Norway. The ITC argued the kayaks were being sold at less than fair market value.

To support this argument, the ITC pointed to OEC’s low prices in comparison to competing American Kayak companies. However, OEC research tends to show that OEC Kayak sales have not impacted their competitors. In fact, the outdoor recreation market happened to have quadrupled in light of the COVID-19 pandemic as American citizens gained more interest in outdoor activities.

OEC research tends to show that the competing American Kayak companies have all increased their sales and profits by at least 10% from 2019 to 2021. OEC challenged this determination in the U.S. Court of International Trade.

The court rejected the challenge and sustained the ITC’s determination. OEC is now appealing this decision to the U.S. Court of Appeals for the Federal Circuit. You were recently hired by OEC to handle their international legal affairs in the United States. You are tasked with writing the Appellate Brief on behalf of OEC. Your Brief should persuasively establish that OEC has not violated Anti-Dumping Laws in the U.S. and that the ITC has failed to prove any material injury is by reason of the subject OEC glass bottom kayaks in the U.S. Market.

Brief Guidelines: Students will draft an Appellate Brief using the attached brief format. The brief must include the

(1) introduction (this has been prepared for you,

(2) rule,

(3) analysis, and

(4) conclusion. Students must, use the attached format for the brief. Click here to download the Required Brief Format The brief must be in 12 pt font, Times New Roman, and should not exceed four (4) pages in length.

The paper should be a minimum of two (2) pages in length. Use the line spacing already formatted in the attached Word document which is exactly 23 points between each line.

Do not skip extra lines between paragraphs. Do not add extra spacing between lines. Do not adjust the margins. Students must cite supporting cases and code sections. Students should avoid copying and pasting long sections from cases or codes.

When possible, students must rephrase, summarize, or analyze case holdings, rules, and opinions in their own words. Copy and pasted sections will not count toward the two-page minimum for this assignment.

Cite to at least one case from Chapter 23 of your textbook. You may also cite to cases that are referenced in the cases in Chapter 23. Those cases are attached here- click here to download the Chapter 23 cases.

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