Chinese Co. Says Countervailing Duty Law Unconstitutional

Law360, Washington (December 3, 2013, 7:53 PM EST) -- A Chinese hardware exporter asked the Federal Circuit on Tuesday to declare as unconstitutional part of a federal law allowing the U.S. Department of Commerce to assess countervailing duties on imports from countries with nonmarket economies, saying the law was causing the agency to retroactively penalize the company.

Guangdong Wireking Housewares & Hardware Co. Ltd. attorney James Durling told a three-judge panel that the March 2012 law violated the Constitution's ex post facto clause by changing the rules and retroactively punishing companies in countries with nonmarket...
To view the full article, register now.



Case Information

Case Title

Guangdong Wireking Housewares v. US

Case Number



Appellate - Federal Circuit

Nature of Suit

Date Filed

May 14, 2013

Law Firms

Government Agencies

Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.