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

Terence P Stewart

Case Conclusion Date:May 9, 2012

Practice Area:International Law

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.