GPX Int’l Tire Corp. v. United States

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The Tariff Act of 1930 provides for two types of duties on imports that injure domestic industries: antidumping duties on goods sold in the U.S. at less than fair value, 19 U.S.C. 1673, and countervailing duties to offset subsidies on goods from a foreign government (1671(a)). In the case of goods exported from market economy countries (non-NME countries), both antidumping and countervailing duties may be imposed. The U.S. Court of International Trade ordered the Department of Commerce not to impose countervailing duties on goods from China, a NME country. The Trade Court held that Commerce's 2007 interpretation of countervailing duty law as permitting the imposition of such duties was unreasonable because of the high likelihood of double counting when both countervailing duties and antidumping duties are assessed against goods from NME countries. The Federal Circuit affirmed on different grounds. In amending and reenacting countervailing duty law in 1988 and 1994, Congress legislatively ratified earlier consistent administrative and judicial interpretations that government payments cannot be characterized as subsidies in a NME context, therefore countervailing duty law does not apply to NME countries. View "GPX Int'l Tire Corp. v. United States" on Justia Law