Appeals Court curtails the authority of U.S. Department of Commerce

Appeals Court curtails the authority of U.S. Department of Commerce

Late December 2011 the U.S. Court of Appeals has curtailed the statutory authority of the U.S. Department of Commerce and denied the right to apply countervailing duties against imports from non-market economy countries such as China and Vietnam

This new ruling addresses countervailing measures taken against a broad spectrum of goods from non-market economies, including textile related tires and laminated woven sacks. There is still a possibility to appeal to the Supreme Court. If the ruling stays this could lead to the fact that substantial refunds of duties might result and that a so far applied duty rule would be dismantled and legislative changes would be urgently needed.


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