Committee Overseeing Action for Lumber Int’l Trade Investigations or Negotiations v. United States
21-104
by: Barnett

Section: Federal Circuit and CIT Case Summaries




The CIT sustained Commerce’s determination that the potential sources of authority considered on remand do not supply a legal basis for the adoption of 19 C.F.R. § 351.214(k) or Commerce’s conduct of an expedited review process for CVD rates. The lawfulness of the regulation was part of Plaintiff’s challenge to Commerce’s final results in the CVD expedited review of certain softwood lumber products from Canada. The CIT vacated 19 C.F.R. § 351.214(k) and the Final Results of Expedited Review. The CIT additionally found that prospective application of the vacatur of the Final Results of Expedited Review is merited. Thus, upon entry of judgment, Commerce must issue a Timken-like Notice rescinding the Final Results of Expedited Review, reinstate the excluded companies in the CVD Order prospectively, and impose a cash deposit requirement for all companies that were covered by the Final Results of Expedited Review.