JUDICIAL REVIEW OF THE INTERNATIONAL TRADE COMMISSION'S INJURY DETERMINATIONS IN ANTIDUMPING AND COUNTERVAILING DUTY PROCEEDINGS: AN OVERVIEW AND ANALYSIS OF FEDERAL COURT DECISIONS IN 2005

摘要

The views in this paper are those of the authors. This paper is not a document of the U.S. International Trade Commission and is not intended to represent the official views or methods of the Commission or any individual Commissioner. During 2005, the U.S. Court of International Trade ("CIT") and the U.S. Court of Appeals for the Federal Circuit ("Federal Circuit") issued several decisions that addressed issues arising out of the antidumping and countervailing duty ("AD/CVD") determinations of the International Trade Commission ("Commission" or "ITC"). These decisions addressed such issues as the Commission's obligation to respond to arguments of the parties, its assessment of the likelihood of material injury in sunset reviews, its discretion to adopt reasonable analytical methodologies for its analyses, and its consideration of the probative weight of the record evidence in AD/CVD proceedings. In this article, we provide an overview and analysis of the CIT and Federal Circuit's 2005 decisions. By way of introduction, we will first briefly review the Commission's responsibilities in the AD/CVD area and the principles of appellate review that apply to the Commission's decisions.