CIT Says Commerce Overstepped With Expedited Duty Review

Law360 (November 20, 2020, 6:39 PM EST) -- The U.S. Department of Commerce exceeded its authority when it ordered expedited reviews to assess the impact of Canadian subsidies on certain lumber imports, the Court of International Trade has said.

CIT Judge Mark A. Barnett ruled Thursday that Section 103 of the Uruguay Round Agreements Act doesn't authorize the expedited review process Commerce created to calculate countervailing tariffs for exporters who benefit from illegal government assistance programs, but weren't involved in the original subsidies investigation.

"Accepting Commerce's interpretation of Section 103(a) would significantly enlarge Commerce's authority beyond what the provision supports and turn Chevron on its head," the judge said,...

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