Judicial review

08/12/2022 10:22 - 3 Views

If either the domestic industry or the foreign company is dissatisfied with the results of the Commerce Department or Commission determinations, there is an option to file an appeal of the particular determination to the United States Court of International Trade. The various issues involved in court appeals — such as the right to judicial review, the nature of the proceedings, and the standard of review.

 

The most important point for this overview is that the initial paperwork for the court appeal must be filed rather quickly. Within 30 days of publication of the anti-dumping or countervailing duty order in the Federal Register, a party must file a summons with the court. This document is very simple, and does little more than notify the various parties that a court appeal is being made. Within 60 days of publication of the order, however, the party must file with the court a formal complaint outlining the particular issues that the party wishes to raise in the court appeal. Although this document need not be extremely detailed, it must at least set forth the broad outlines of why the party is dissatisfied with the decision made by either the Commerce Department or the Commission, or both.

 

Source: Business Guide to Trade Remedies in the United States: Anti-dumping, countervailing and safeguards legislation practices and procedures

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