Fed. Circ. Sends Tire Co.'s Nonmarket Duty Challenge To CIT

Law360, New York (May 9, 2012, 6:57 PM EDT) -- The Federal Circuit said Wednesday it was the wrong venue to consider whether legislation allowing the U.S. to apply countervailing duties on imports from nonmarket economies was constitutional, sending a Chinese tire maker's complaint back to the U.S. Court of International Trade.

U.S. Circuit Judge Timothy B. Dyk, who wrote the opinion for the appeals panel, said Tianjin United Tire & Rubber International Co.'s constitutional objection to the law — which was enacted March 13 and directly overturned a previous Federal Circuit ruling in the case...
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