Appeals Court Remands GPX Case To CIT To Review New Law's Constitutionality

摘要

In a surprise decision that leaves the ultimate status of more than 25 active U.S. countervailing duty (CVD) orders unresolved despite the passage of bipartisan legislation aimed at preserving them, a federal appeals court last week declined to overturn the retroactive application of its December 2011 ruling that the Commerce Department cannot apply countervailing duties against imports from non-market economies (NMEs). Instead, the Court of Appeals of the Federal Circuit (CAFC) on May 9 sent the case at issue, GPX International Tires v. United States, back to the Court of International Trade with instructions that the CIT make "a determination of the constitutionality of the new legislation and for other appropriate proceedings."