United States Federal Circuit

In a case in which a petition for rehearing was pending when Congress enacted legislation overturning the Federal Circuit's judgment and retroactively applying countervailing duty law to nonmarket economy countries, while also preventing double counting of countervailing duties and antidumping duties nonretroactively, petitions for rehearing are granted, where: 1) the case was still pending on appeal when Congress enacted the new legislation, so it was not an unconstitutional attempt to prescribe a rule of decision for the case; but 2) remand to the Trade Court was necessary for a determination of the constitutionality of the double counting effect of the new legislation.

Appellate Information

• Decided 05/09/2012
• Published 05/09/2012

Judges

• Dyk

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael D. Panzera, Daniel L. Porter