Pat Huval Rest. & Oyster Bar, Inc. v. Int'l Trade Comm'n, No. 12-1250 (Fed. Cir. 2015)
Annotate this CaseThe Continued Dumping and Subsidy Offset Act of 2000, 19 U.S.C. 1675c(a) (2000), (Byrd Amendment) provided for the distribution of antidumping duties collected by the United States to “affected domestic producers” of goods that are subject to an antidumping duty order and defined an “affected domestic producer” as a party that either petitioned for an antidumping duty order or was an “interested party in support of the petition.. The Byrd Amendment was repealed in 2006, but the repealing statute provided that any duties paid on goods that entered the United States before the date of repeal would continue to be distributed in accordance with the pre-repeal statutory scheme. Several ineligible domestic producers challenged the constitutionality of the Byrd Amendment, which was upheld against challenges based on the First Amendment and the equal protection component of the Fifth Amendment. The Court of International Trade rejected a challenge asserting that the retroactive application of the Byrd Amendment violates due process. The Federal Circuit affirmed, reasoning that the prior holding that the statute promoted a substantial governmental interest in a rational manner, in the context of First Amendment and equal protection analysis, applied. The constitutionality of the statute turns on the same standard.
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