Supreme Court Hears First Ever Antidumping Cases
11/06/08 09:38 PM Filed in: Litigation
| Antidumping
On
November 4, 2008, the U.S. Supreme Court
heard oral arguments
in
the first antidumping cases ever granted
certiorari,
the
consolidated cases, United
States v. Eurodif S.A., et al.
(Docket No.
07-1059) and USEC, Inc.
v. Eurodif S.A. (Docket No.
07-1078). The cases involve appeals arising from
an antidumping petition filed in 2000 on imports
of low enriched uranium from countries
(including France).
In these cases, the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit overturned a decision by the Commerce Department that contracts for the enrichment of uranium between U.S. buyers and Eurodif, an enricher in France, were contracts for the sale of goods and subject to the antidumping petition. The courts held that the contracts were contracts for services and not subject to the antidumping duty laws.
In hearing this case, the Supreme Court will likely consider the extent to which courts must give deference to administrative agencies, such as the Commerce Department, under the test established in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984).
The Court is expected to issue its opinion in these cases in Spring of 2009.
In these cases, the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit overturned a decision by the Commerce Department that contracts for the enrichment of uranium between U.S. buyers and Eurodif, an enricher in France, were contracts for the sale of goods and subject to the antidumping petition. The courts held that the contracts were contracts for services and not subject to the antidumping duty laws.
In hearing this case, the Supreme Court will likely consider the extent to which courts must give deference to administrative agencies, such as the Commerce Department, under the test established in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984).
The Court is expected to issue its opinion in these cases in Spring of 2009.