U.S. COURT OF INTERNATIONAL TRADE 2011 OPINIONS ON COMMERCE MARKET ECONOMY TRADE REMEDY DECISIONS

摘要

This Article discusses notable 2011 opinions of the U.S. Court of International Trade as to U.S. Department of Commerce (Commerce) dumping and subsidy margin decisions involving market economies. In 2011, the Court issued opinions on a wide range of antidumping and countervailing duty issues, such as the use of adverse inferences, companies reviewed, expense allocation, zeroing, model match criteria, successor-of Interest, product scope, selling, general, and administrative (SG&A) allocation, level-of-trade, etc. From these opinions, practitioners are well advised to carefully consider the Court's review standard in their advocacy before the Court. And, in particular, parties are going to have a difficult time appealing Commerce's factual decisions to the Court. Although the Court reversed some key Commerce decisions, it upheld many others and showed general continued deference to Commerce decisions. The Court also had mixed views as to Commerce claims of resource constraints to justify its actions, perhaps noteworthy in today's more resource-constrained times.