United States Federal Circuit
GPX International Tire Corp. v. US, 2011-1107
In an appeal from an order of the Court of International Trade sustaining a decision by the Commerce Department not to impose countervailing duties on certain Chinese tire manufacturers, judgment is affirmed where Congress, when amending and reenacting countervailing duty laws in 1988 and 1994, legislatively ratified earlier consistent administrative and judicial interpretations that government payments cannot be characterized as "subsidies" in a non-market economy (NME) context, and thus that the countervailing duty statute, 19 USC section 1671, does not apply to NME countries such as The People's Republic of China.
Appellate Information
- Decided 12/19/2011
- Published 12/19/2011
Judges
- Dyk
Court
- United States Federal Circuit
Counsel
- For Appellant:
- James P. Durling, Franklin E. White, Jr., Terence P. Stewart, Francis J. Sailer, Joseph W. Dorn