Newly Enacted Law Retroactively Reinstating Countervailing Duty Remedies to China and Other Non-Market Economy Countries

On March 13, 2012, President Obama signed legislation that requires the U.S. countervailing duty (CVD) law to be applied to imports from any country designated as a non-market economy (NME) country. The legislation was introduced to overturn GPX International Tire Corporation v. United States, 666 F.3d 732 (Fed. Cir. 2011), a December 19, 2011, decision by the U.S. Court of Appeals for the Federal Circuit that held CVD remedies cannot be applied to imports from NME countries.

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