Fed. Circ. Questions Commerce's Steel Duty Tie-Up Of 3 Cos.

Law360, Washington (April 8, 2020, 7:45 PM EDT) -- The Federal Circuit on Wednesday appeared skeptical of the legality of the U.S. Department of Commerce's decision to tie three Taiwanese steel manufacturers into a single entity to calculate a combined anti-dumping duty margin.

During a lively teleconference hearing, a three-judge panel repeatedly questioned why the department's decision, which the U.S. Court of International Trade affirmed in December 2018, omitted any analysis of the business relationship between Yieh Phui Enterprise Co. Ltd., Synn Industrial Co. Ltd. and Prosperity Tieh Enterprise Co. Ltd.

Government attorney Elizabeth Speck argued that the companies — found to be affiliated — were collapsed based on the department's...

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