Precedent Backs Byrd Amendment Payout Rules, US Tells CIT

Law360, New York (October 9, 2012, 7:08 PM EDT) -- The U.S. government urged the Court of International Trade to throw out a Koyo Corp. lawsuit on Friday, saying that Koyo's claims that the Continued Dumping and Subsidy Offset Act was unconstitutional are foreclosed by Federal Circuit precedent.

Koyo Corporation of USA's allegations that the now-repealed CDSOA — known as the Byrd Amendment — violated the First Amendment and equal protection guarantees of the U.S. Constitution must be dismissed pursuant to the 2009 Federal Circuit ruling in SKF USA Inc., the government said in a memorandum...
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