Fed. Circ. Says Commerce Overstepped With Retroactive Duty

Law360 (January 13, 2020, 7:44 PM EST) -- The Federal Circuit agreed with the U.S. Department of Commerce on Monday that an importer’s railway lock washers are subject to an anti-dumping duty order but also concluded that the department can’t retroactively apply the tariff 20 years back on the company’s products.

Commerce can only retroactively apply an anti-dumping duty on United Steel and Fasteners Inc.’s railway lock washers on or before the start date of a scope investigation into whether the company’s products were subject to the China tariff, the panel said in a precedential opinion.

But Commerce declined to launch a scope investigation into whether an anti-dumping duty on...

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