Almond Bros. Lumber Co. v. United States

Following a long history of disputes between the United States and Canada, the countries entered into the 2006 Softwood Lumber Agreement that requires that for seven years after October 12, 2006, Canada will, in certain circumstances, impose export charges on softwood lumber exported to the U.S. to offset its subsidization of that lumber. The Department of Commerce refunded duties collected on softwood lumber from Canada after May 22, 2002. The agreement required Canada to distribute some of the returned duties to various groups in the U.S.; $500 million was to be distributed to lumber producers identified as members of the Coalition. Appellants are U.S. lumber producers that were not members of the Coalition and not eligible for the funds. The Court of International Trade dismissed a challenge to the Agreement. The Federal Circuit reversed, concluding that the lower court erred in finding that the Agreement was not enacted under the Trade Act of 1974, 19 U.S.C. 2411 and that it, therefore, lacked jurisdiction over the "political question." View "Almond Bros. Lumber Co. v. United States" on Justia Law