Commerce Can't Impose Tariffs That Predate Notice, CIT Says

Law360 (September 6, 2019, 8:31 PM EDT) -- The federal government may not retroactively impose a triple-digit tariff on Sumec North America's Chinese solar cell shipments before the government had notified the public of the higher rate, the U.S. Court of International Trade found Friday.

CIT Judge Jennifer Choe-Groves found that the U.S. Department of Commerce's attempt to retroactively apply a nearly 240% antidumping duty on Sumec's imported solar cells before it had put the company on notice of that higher rate was unfair, rejecting the government's claims it was a "harmless error."

"Retroactive application of the changed duty rate would affect plaintiff's ability to make appropriate business decisions...

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