En Banc Rehearing Denied In Byrd Amendment Suit

Law360, New York (September 29, 2009, 5:35 PM EDT) -- A federal appeals court refused Tuesday to rehear a case claiming that a 2000 anti-dumping law violates the U.S. Constitution's free speech protections by mandating that only U.S. producers affected by underpriced imports that support a duty petition can receive a portion of the federal government's proceeds.

In an 8-4 decision, the U.S. Court of Appeals for the Federal Circuit refused a petition from SKF USA Inc. for an en banc rehearing of its case against the U.S. government.

A three-judge panel of the court reversed...
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