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Court Challenges Commerce over Imports from Non-market Economy Countries

International Law Office
November 6, 2009

In what could be a very significant development with respect to antidumping (AD) and countervailing duty (CVD) investigations against imports from non-market economy (NME) countries, such as the People’s Republic of China and Vietnam, the U.S. Court of International Trade last week issued a decision that instructs the U.S. Department of Commerce (Commerce) to reconsider several aspects of its application of countervailing duties to NMEs. The most contentious of the Court’s directions may be its requirement that Commerce develop methodologies to prevent double-counting of subsidies if it applies AD and CVD duties simultaneously on imports of the same product.

This Sidley Update was republished by ILO in its Trade & Customs Newsletter.