Fed Circ. Ruling May Impact Anti-Dumping Investigations

Law360, New York (August 9, 2013, 11:45 AM EDT) -- On July 18, the Court of Appeals for the Federal Circuit issued an important decision regarding the U.S. Department of Commerce’s method of interpreting the scope of anti-dumping duty orders. The decision, which criticized the agency’s practice of a case-by-case analysis, could encourage Commerce to propose amended regulations establishing criteria for interpreting the scope of orders; it also could encourage petitioners in trade remedy proceedings to describe the scope of their products expansively from the outset.

In Mid Continent Nail Corp. v. United States (CAFC No....
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