U.S. COURT OF INTERNATIONAL TRADE DECISIONS IN 2008 IN APPEALS OF DETERMINATIONS OF THE U.S. INTERNATIONAL TRADE COMMISSION

摘要

Under 28 U.S.C. § 1581(c), the U.S. Court of International Trade possesses jurisdiction to review the antidumping and countervailing duty ("AD/CVD") determinations issued by the U.S. International Trade Commission (the "ITC" or "Commission") pursuant to Tide VII of the Tariff Act of 1930, as amended. During 2008, the court issued eighteen decisions addressing issues arising out of actions brought under § 1581 (c). Of the fifteen Commission injury and sunset determinations reviewed in 2008, the court affirmed all but two, reflecting, to a substantial degree, the deferential standard of review applicable to such appeals. This article focuses on the decisions of the Court of International Trade involving the most significant or interesting legal issues that arose in these cases, including the issue of whether the replacement/benefit test outlined in Bratsk Aluminum Smelter v. United States (also known as the Bratsk test) is applicable to sunset reviews, the reasonableness of the Commission's analysis of cumulation in sunset reviews, and reconsideration.