Thursday, February 19, 2009

Byrd Constitutional

What's with the dumping cases suddenly being interesting?

The Federal Circuit has reversed the Court of International Trade and held that the Byrd Amendment is constitutional. The amendment provided disbursements of antidumping duties collected to members of the domestic industry that supported the petition. In this case, the plaintiff argued that it was a member of the domestic industry and was entitled to disbursements despite having opposed the petition. According to the plaintiff, the requirement that a company support the petition violated its right to equal protection and to free speech.

Unfortunately, the decision is 81 pages long and I am not going to read it tonight.

Here is the link: http://www.cafc.uscourts.gov/opinions/08-1005.pdf

Consider this post a down payment on a future analysis.

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