Law360, New York (March 26, 2015, 5:35 PM EDT) -- On March 13, 2015, the U.S. Court of Appeals for the Federal Circuit issued a ruling on the controversial topic of the application of countervailing duties, also known as anti-subsidy duties, to nonmarket economy countries, such as China and Vietnam. The decision, GPX International Tire Corp. v. United States, CAFC No. 14-1188 (GPX II), is the culmination of years of litigation regarding the extent to which the U.S. Department of Commerce can apply duties on imports to counteract subsidies bestowed by NME governments upon their producers and exporters. The three-judge panel upheld the constitutionality of an amendment to the CVD statute enacted by Congress in 2012 to expressly authorize Commerce to apply such duties, not only in future cases, but also retroactively to proceedings since November 2006....
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