Fed. Circ. Finds Countervailing Duty Law Constitutional

Law360, Los Angeles (March 18, 2014, 4:25 PM EDT) -- The Federal Circuit on Tuesday upheld part of a federal law allowing the U.S. Department of Commerce to assess countervailing duties on imports from countries with nonmarket economies, rejecting a Chinese hardware exporter's argument that the law is unconstitutional because it has caused Commerce to retroactively penalize the company.

In a precedential ruling, a three-judge panel affirmed U.S. Court of International Trade Judge Nicholas Tsoucalas' decision rebuffing Guangdong Wireking Housewares & Hardware Co. Ltd.'s challenge to a Commerce duty order on certain kitchen appliance shelving and...
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