Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., 585 U.S. ___ (2018)
Purchasers of vitamin C filed suit, alleging that Chinese exporters had agreed to fix the price and quantity of vitamin C exported to the U.S., in violation of the Sherman Act. The exporters unsuccessfully moved to dismiss the complaint and later sought summary judgment, arguing that Chinese law required them to fix the price and quantity of exports, shielding them from liability under U.S. antitrust law. China’s Ministry of Commerce, the authority authorized to regulate foreign trade, asserted that the alleged conspiracy was actually a pricing regime mandated by the Chinese Government. The purchasers countered that the Ministry had identified no law or regulation requiring the agreement; highlighted a publication announcing that the sellers had agreed to control the quantity and rate of exports without government intervention; and noted China’s statement to the World Trade Organization that it ended its export administration of vitamin C in 2002. The Second Circuit reversed a verdict for the purchasers, stating that federal courts are “bound to defer” to the foreign government’s construction of its own law, whenever that construction is “reasonable.” The Supreme Court vacated. A federal court determining foreign law under Federal Rule of Civil Procedure 44.1 should accord respectful consideration to a foreign government’s submission, but is not bound to accord conclusive effect to such statements. Relevant considerations include the clarity, thoroughness, and support of the foreign government's statement; its context and purpose; the transparency of the foreign legal system; the role and authority of the entity or official offering the statement; and the statement’s consistency with the foreign government’s past positions. Determination of foreign law must be treated as a question of law; courts are not limited to materials submitted by the parties, but “may consider any relevant material or source.”
A federal court, determining foreign law under Rule 44.1, need not defer to the foreign government's characterization of that law any may consider other materials and sources.
SUPREME COURT OF THE UNITED STATES
Syllabus
Animal Science Products, Inc., et al. v. Hebei Welcome Pharmaceutical Co. Ltd. et al.
certiorari to the united states court of appeals for the second circuit
No. 16–1220. Argued April 24, 2018—Decided June 14, 2018
Petitioners, U. S.-based purchasers of vitamin C (U. S. purchasers), filed a class-action suit, alleging that four Chinese corporations that manufacture and export the nutrient (Chinese sellers), including the two respondents here, had agreed to fix the price and quantity of vitamin C exported to the United States, in violation of §1 of the Sherman Act. The Chinese sellers moved to dismiss the complaint on the ground that Chinese law required them to fix the price and quantity of vitamin C exports, thus shielding them from liability under U. S. antitrust law. The Ministry of Commerce of the People’s Republic of China (Ministry) filed an amicus brief in support of the motion, explaining that it is the administrative authority authorized to regulate foreign trade, and stating that the alleged conspiracy in restraint of trade was actually a pricing regime mandated by the Chinese Government. The U. S. purchasers countered that the Ministry had identified no law or regulation ordering the Chinese sellers’ price agreement, highlighted a publication announcing that the Chinese sellers had agreed to control the quantity and rate of exports without government intervention, and presented supporting expert testimony.
The District Court denied the Chinese sellers’ motion in relevant part, concluding that it did not regard the Ministry’s statements as “conclusive,” particularly in light of the U. S. purchasers’ evidence. When the Chinese sellers subsequently moved for summary judgment, the Ministry submitted another statement, reiterating its stance, and the U. S. purchasers pointed to China’s statement to the World Trade Organization that it ended its export administration of vitamin C in 2002. The court denied this motion as well. The case was then tried to a jury, which returned a verdict for the U. S. purchasers.
The Second Circuit reversed, holding that the District Court erred by denying the Chinese sellers’ motion to dismiss the complaint. When a foreign government whose law is in contention submits an official statement on the meaning and interpretation of its domestic law, the court concluded, federal courts are “bound to defer” to the foreign government’s construction of its own law, whenever that construction is “reasonable.” Inspecting only the Ministry’s brief and the sources cited therein, the court found the Ministry’s account of Chinese law “reasonable.”
Held: A federal court determining foreign law under Federal Rule of Civil Procedure 44.1 should accord respectful consideration to a foreign government’s submission, but the court is not bound to accord conclusive effect to the foreign government’s statements.
Rule 44.1 fundamentally changed the mode of determining foreign law in federal courts. Before adoption of the rule in 1966, a foreign nation’s laws had to be “proved as facts.” Talbot v. Seeman, 1 Cranch 1, 38. Rule 44.1, in contrast, specifies that a court’s determination of foreign law “must be treated as a ruling on a question of law.” And in ascertaining foreign law, courts are not limited to materials submitted by the parties, but “may consider any relevant material or source.” Appellate review, as is true of domestic law determinations, is de novo. The purpose of these changes was to align, to the extent possible, the process for determining alien law and the process for determining domestic law.
Neither Rule 44.1 nor any other rule or statute addresses the weight a federal court determining foreign law should give to the views presented by a foreign government. In the spirit of “international comity,” Société Nationale Industrielle Aérospatiale v. United States Dist. Court for Southern Dist. of Iowa, 482 U. S. 522, 543, and n. 27, a federal court should carefully consider a foreign state’s views about the meaning of its own laws. The appropriate weight in each case, however, will depend upon the circumstances; a federal court is neither bound to adopt the foreign government’s characterization nor required to ignore other relevant materials. No single formula or rule will fit all cases, but relevant considerations include the statement’s clarity, thoroughness, and support; its context and purpose; the transparency of the foreign legal system; the role and authority of the entity or official offering the statement; and the statement’s consistency with the foreign government’s past positions.
Judged in this light, the Second Circuit’s unyielding rule is inconsistent with Rule 44.1 and, tellingly, with this Court’s treatment of analogous submissions from States of the United States. If the relevant state law is established by a decision of “the State’s highest court,” that decision is “binding on the federal courts,” Wainwright v. Goode, 464 U. S. 78, 84, but views of the State’s attorney general, while attracting “respectful consideration,” do not garner controlling weight, Arizonans for Official English v. Arizona, 520 U. S. 43, 76–77, n. 30. Furthermore, because the Second Circuit riveted its attention on the Ministry’s submission, it did not address evidence submitted by the U. S. purchasers. The court also misperceived the pre-Rule 44.1 decision of United States v. Pink, 315 U. S. 203. Under the particular circumstances of that case, this Court found conclusive a declaration from the government of the Russian Socialist Federal Soviet Republic on the extraterritorial effect of a decree nationalizing assets: The declaration was obtained by the United States through official “diplomatic channels,” id., at 218; there was no indication that the declaration was inconsistent with the Russian Government’s past statements; and the declaration was consistent with expert evidence in point.
The Second Circuit expressed concern about reciprocity, but the United States has not historically argued that foreign courts are bound to accept its characterizations or precluded from considering other relevant sources. International practice is also inconsistent with the Second Circuit’s rigid rule. Pp. 7–12.
837 F. 3d 175, vacated and remanded.
Ginsburg, J., delivered the opinion for a unanimous Court.
JUDGMENT ISSUED. |
Judgment VACATED and case REMANDED. Ginsburg, J., delivered the opinion for a unanimous Court. |
Argued. For petitioners: Michael J. Gottlieb, Washington, D. C.; and Brian H. Fletcher, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Carter G. Phillips, Washington, D. C. (for Ministry of Commerce of the People's Republic of China, as amicus curiae); and Jonathan Jacobson, New York, N. Y. (for respondents). |
Reply of petitioners Animal Science Products, et al. filed. (Distributed) |
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
Joint motion of respondents and amicus curiae Ministry of Commerce of the People's Republic of China for leave to allow Ministry of Commerce of the People's Republic of China to participate in oral argument as amicus curiae and for divided argument GRANTED. |
Brief amici curiae of Chinese Professors of Administrative Law filed. (Distributed) |
Brief amicus curiae of China Chamber of International Commerce filed. (Distributed) |
Brief amicus curiae of Ministry of Commerce of the People's Republic of China filed. (Distributed) |
Brief of respondents Hebei Welcome Pharmaceutical Co. Ltd., et al. filed. (Distributed) |
Joint motion of respondents and amicus curiae Ministry of Commerce of the People's Republic of China for leave to allow Ministry of Commerce of the People's Republic of China to participate in oral argument as amicus curiae and for divided argument filed. |
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
CIRCULATED |
Brief amici curiae of Donald Clarke and Nicholas Calcina Howson filed. (Distributed) |
Brief amici curiae of Professors Samuel Estreicher and Thomas Lee filed in Support of Neither Party. (Distributed) |
Brief amicus curiae of American Antitrust Institute filed. (Distributed) |
Brief amicus curiae of Chamber of Commerce of The United States of America filed. (Distributed) |
Brief amicus curiae of United States filed. |
Brief amicus curiae of Professors of International Litigation in Support of Neither Party filed. (Distributed) |
Brief amici curiae of Professors Of Conflict Of Laws And Civil Procedure As Amici Curiae In Support Of Petitioners filed. (Distributed) |
Joint appendix filed (Statement of cost filed). (Distributed) |
Brief of petitioners Animal Science Products, et al. filed. |
SET FOR ARGUMENT on Tuesday, April 24, 2018. |
Blanket Consent filed by respondents Hebei Welcome Pharmaceutical Co. Ltd., et al. |
Petition GRANTED limited to Question 2 presented by the petition. |
DISTRIBUTED for Conference of 1/12/2018. |
DISTRIBUTED for Conference of 1/5/2018. |
Supplemental brief of petitioners Animal Science Products, et al. filed. (Distributed) |
Supplemental brief of respondents Hebei Welcome Pharmaceutical Co. Ltd., et al. filed. (Distributed) |
Brief amicus curiae of United States filed. |
The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. |
Reply of petitioners Animal Science Products, Inc., et al. filed. (Distributed) |
DISTRIBUTED for Conference of June 22, 2017. |
Brief of respondents Hebei Welcome Pharmaceutical Co. Ltd., et al. in opposition filed. (Distributed) |
Letter of May 11, 2017, from counsel for petitioners received waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5. |
Brief amici curiae of Professors Williams S. Dodge and Paul B. Stephan filed. |
Order extending time to file response to petition to and including June 5, 2017. |
Petition for a writ of certiorari filed. (Response due May 12, 2017) |
Application (16A650) granted by Justice Ginsburg extending the time to file until April 3, 2017. |
Application (16A650) to extend the time to file a petition for a writ of certiorari from February 2, 2017 to April 3, 2017, submitted to Justice Ginsburg. |
Prior History
- In Re: Vitamin C Antitrust Litig., No. 13-4791 (2d Cir. Sep. 20, 2016)
A multi-district antitrust class action was brought by plaintiffs against defendants, entities incorporated under the laws of China, alleging that defendants conspired to fix the price and supply of vitamin C sold to U.S. companies on the international market in violation of Section 1 of the Sherman Act, 15 U.S.C. 1, and Sections 4 and 16 of the Clayton Act, 15 U.S.C. 4, 16. Defendants challenge the district court's denial of their initial motion to dismiss, denial of a subsequent motion for summary judgment, and, after a jury trial, an entry of judgment awarding plaintiffs $147 million in damages and enjoining defendants from engaging in future anti-competitive behavior. The court held that the district court erred in denying defendants' motion to dismiss. In this case, because the Chinese Government filed a formal statement in the district court asserting that Chinese law required defendants to set prices and reduce quantities of vitamin C sold abroad, and because defendants could not simultaneously comply with Chinese law and U.S. antitrust laws, the principles of international comity required the district court to abstain from exercising jurisdiction in this case. Accordingly, the court vacated the judgment, reversed the district court's order denying defendants' motion to dismiss, and remanded for further proceedings.