CIT Says Commerce Overstepped With Expedited Duty Review

Law360 (November 20, 2020, 6:39 PM EST) -- The U.S. Department of Commerce exceeded its authority when it ordered expedited reviews to assess the impact of Canadian subsidies on certain lumber imports, the Court of International Trade has said.

CIT Judge Mark A. Barnett ruled Thursday that Section 103 of the Uruguay Round Agreements Act doesn't authorize the expedited review process Commerce created to calculate countervailing tariffs for exporters who benefit from illegal government assistance programs, but weren't involved in the original subsidies investigation.

"Accepting Commerce's interpretation of Section 103(a) would significantly enlarge Commerce's authority beyond what the provision supports and turn Chevron on its head," the judge said,...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!