March 24, 2014
Partner Paul C. Rosenthal was quoted in the Law360 article "Fed. Circ. Countervailing Duty Finding Divides Attys." The article discusses a recent Federal Circuit decision that upholds a law allowing the U.S. Commerce Department to collect countervailing duties on imports from China and other nonmarket economies, which marks a rare example of a trade case raising constitutional questions and dividing attorneys on whether this has broader significance. Mr. Rosenthal said that the ruling will affect other cases stemming from duty proceedings that were opened during the countervailing duty law's retroactive period, as it clearly upholds the 2012 law overturning the Federal Circuit's initial GPX Tire decision. He explained, "It's a great victory for domestic industries who want to pursue countervailing duty cases against China. I think the court recognized the congressional interest and desire for this."
Mr. Rosenthal, along with partner Kathleen W. Cannon and special counsel David C. Smith Jr. are also noted in the article as representation for the intervening U.S. domestic producers, Nashville Wire Products Inc. and SSW Holding Inc.