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United States Federal Circuit


MacLean-Fogg Company v. US, 2013-1187

The final decision of the United States Court of International Trade sustaining the final all-others countervailing duty rate set by the Department of Commerce in an investigation of aluminum extrusions imported from the People's Republic of China, is reversed and remanded, where: 1) the Court of International Trade did not interpret the relevant countervailing duty statute correctly; 2) the statute unambiguously requires that the rates of any individually investigated exporter or producer be included in the calculation of the all-others rate under the general rule; and 3) 19 C.F.R. section 351.204(d)(3) is invalid.

Appellate Information

  • Decided 06/03/2014
  • Published 06/03/2014

Judges

  • CLEVENGER

Court

  • United States Federal Circuit

Counsel

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