Trade Court Backs Wheel Duties, But Not Retroactively

Law360 (May 18, 2021, 7:01 PM EDT) -- A U.S. Court of International Trade judge validated the scope of a tariff exclusion on trailer wheels from China on Tuesday, affirming that only chrome wheels manufactured using highly toxic chemicals should be spared from the tariffs.

The U.S. Department of Commerce was within its rights to hone the parameters of the exclusion on chrome-coated wheels, and the agency adequately explained its reasons for doing so, Trade Judge Gary S. Katzmann determined.

The agency erred, however, in ordering importers to pay retroactive tariffs dating back to its preliminary anti-dumping and countervailing duty determinations, which Commerce reached before it had settled on...

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