Fed. Circ. Urged To Nix 'Aberrant' Aluminum Duties

Law360, New York (May 1, 2013, 6:55 PM EDT) -- Two U.S. importers urged the Federal Circuit on Friday to overturn a lower court's approval of what they called an "aberrant and punitive" countervailing duty rate on aluminum from China that violates the law.

Evergreen Solar Inc. and Eagle Metal Distributors Inc. said in their appeal brief that the U.S. Court of International Trade erred in November when it approved an "all others" duty rate of 137.65 percent for Chinese aluminum extrusions.

The two companies paid the all others rate, which is assigned to exporters and...
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