GPX Int'l Tire Corp. v. United States, No. 14-1188 (Fed. Cir. 2015)
Annotate this CaseThe Department of Commerce imposed both antidumping and countervailing duties on pneumatic tires from China under a 2012 law, 19 U.S.C. 1671, 1677f-1, that overruled the Federal Circuit’s 2011decision with respect to the same goods and permitted Commerce to impose countervailing duties with respect to non-market economy (NME) countries retroactively to proceedings initiated on or after November 20, 2006. When antidumping and countervailing duties imposed on the same goods double count for the same unfair trade advantage, the new law adjusts for double counting prospectively to proceedings initiated after March 13, 2012, but not retrospectively. The Court of International Trade upheld the decision. The Federal Circuit affirmed the Trade Court’s rejection of challenges to the new law on rehearing. The new law does not violate the Ex Post Facto Clause or the Due Process Clause.
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