CIT Finds Commerce's Ruling On Canadian Lumber Unlawful

Law360 (November 13, 2019, 8:21 PM EST) -- The U.S. Court of International Trade on Wednesday ordered the U.S. Department of Commerce to rethink its conclusion that certain cedar shakes and shingles made by Canada producers are subject to countermeasure tariffs on Canadian softwood lumber imports, saying that the determination is unlawful.

Judge Jennifer Choe-Groves said that when the Commerce Department makes a determination on whether an importer's product is included in the scope of an anti-dumping or countervailing duty order, the department must consider previous duty determinations made by Commerce and the U.S. International Trade Commission, as well as past scope rulings.

"Antidumping and countervailing duty orders should...

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