Fed. Circ. Nixes Challenge To Byrd Amendment Payouts

Law360, Los Angeles (August 19, 2013, 5:08 PM EDT) -- The Federal Circuit on Monday ruled furniture manufacturers Ashley Furniture Industries Inc. and Ethan Allen Global Inc. cannot receive compensation under the long-repealed Byrd Amendment, saying the U.S. Court of International Trade appropriately found the companies aren't eligible because they didn't express support for an anti-dumping petition.

In a 2-1 decision, the Federal Circuit said it established in previous rulings that active support of an anti-dumping petition was a requirement for manufacturers to receive funds under the plain language of the Byrd Amendment. Ashley and Ethan Allen argued they supported the petition within the meaning of the amendment...
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