2013 IN REVIEW: CIT OPINIONS RESOLVING CHALLENGES TO COMMERCE AD/CVD DECISIONS ON PRODUCTS IMPORTED FROM NMES
In: Georgetown Journal of International Law, Jg. 46 (2014-10-01), S. 57
Online
academicJournal
I. INTRODUCTION The United States Court of International Trade (CIT) had an eventful year in 2013 resolving challenges brought against determinations by the United States Department of Commerce (Commerce) regarding antidumping duties (AD) and countervailing duties (CVD) assessed on products imported from non-market economy (NME) countries, namely the People's Republic of China (China or the PRC) and the Socialist Republic of Vietnam (Vietnam). Prior to 2013, the CIT was unable to address the merits of CVD challenges based on the unresolved issue as to the propriety of such duty assessment. With respect to AD, the CIT in 2013 continued to refine the parameters of Commerce's authority to conduct investigations and administrative reviews. These 2013 CIT NME AD decisions, while of course subject to further clarification from the United States Court of Appeals for the Federal Circuit (CAFC), provide Commerce with necessary guidance in assessing AD and CVD liability on imports from China and Vietnam. Part II of this Article discusses CIT recognition that Commerce may impose AD and CVD orders simultaneously and maintains wide (albeit not unlimited) discretion in its CVD methodologies. Part II also considers how the CIT reached different conclusions as to statutory adverse facts available (AFA) being assigned to cooperating respondents based on a government's lack of cooperation. Part III discusses a variety of NME-related issues confronted by the CIT with respect to AD law in 2013. First, Part III describes how the CIT wrestled with the related concepts of import fraud, circumvention, and ...
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2013 IN REVIEW: CIT OPINIONS RESOLVING CHALLENGES TO COMMERCE AD/CVD DECISIONS ON PRODUCTS IMPORTED FROM NMES
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Autor/in / Beteiligte Person: | KAHN, JORDAN C. |
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Zeitschrift: | Georgetown Journal of International Law, Jg. 46 (2014-10-01), S. 57 |
Veröffentlichung: | 2014 |
Medientyp: | academicJournal |
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