CIT Sends Rubber Thread Duty Revocation Back To Commerce

Law360, New York (March 21, 2012, 5:22 PM EDT) -- The U.S. Court of International trade on Wednesday rejected arguments by the U.S. Department of Commerce in a dispute with Malaysian rubber maker Heveafil Sdn. Bhd. over determining the date of revocation for rubber thread anti-dumping duties and remanded the case back to Commerce for redeterminiation.

The CIT ruled that Commerce incorrectly held that the principle of administrative finality prevails over agency discretion in selecting a date of revocation or that the finishing of an administrative review stops the agency from retroactively revoking an order....
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