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Terence P Stewart

Terence Stewart’s Legal Cases

4 total

  • GPX International Tire Corp. v. United States , Appeal Nos. 2011-1107, -1108, -1109, slip op. on rehearing (Fed. Cir.)

    Practice Area:
    International Law
    Date:
    May 09, 2012
    Outcome:
    Our clients' position was ultimately upheld.
    Description:
    Challenge by US importer and Chinese producers of certain off-the road tires to U.S. application of countervailing duty law to China, a country treated as a non-market economy under U.S. antidumping law. US Court of International Trade and US Court of Appeals for the Federal Circuit found problems with US applying countervailing duty law to China when an antidumping case was also pursued. Our firm, for the domestic petitioners, and the government filed petitions for rehearing. Following a change in law and consistent with Supreme Court teachings in Plaut v. Spendthrift Farm, Inc., 514 U.S. 211 (1995), the US Court of Appeals for the Federal Circuit modified its decision. This permits US to pursue both antidumping and countervailing duty cases against imports from China when the facts so justify.
  • SKF USA, Inc. v. U.S. Customs and Border Protection, 556 F.3d 1337 (Fed. Cir. 2009, cert. denied, 130 S. Ct. 3273 (2010)

    Practice Area:
    Constitutional
    Date:
    Feb 19, 2009
    Outcome:
    Law was upheld as constitutional (position of our client).
    Description:
    A challenge to the constitutionality of the Continued Dumping and Subsidy Offset Act was successful at the US Court of International Trade. On behalf of a domestic producer receiving benefits under the law, we appealed (along with the government) and obtained a reversal at the US Court of Appeals for the Federal Circuit.
  • Certain Passenger Vehicle and Light Truck Tires from China, Inv. No. TA-421-7, USITC Pub. 4085

    Practice Area:
    Antitrust & Trade Law
    Date:
    Sep 17, 2009
    Outcome:
    President imposed import duties of 35%, 30% and 25% for three years from Presidential Proclamation.
    Description:
    Special safeguard case filed against imported passenger car and light truck tires from China. First case where President provided import relief to injured industry. Also one of very few cases to withstand WTO dispute settlement challenge.
  • 301 Petition on China's Policies Affecting Trade and Investment in Green Technology

    Practice Area:
    International Law
    Date:
    Sep 09, 2010
    Outcome:
    Two WTO requests for consultations filed to pursue problems (one resolved successfully); other topics being pursued on an ongoing basis.
    Description:
    Large case filed with US Trade Representative alleging a series of laws, regulations and practices in China that are believed to violate China's obligations to the WTO.