CAFC Issues Mandates in 2 Trade Cases

The U.S. Court of Appeals for the Federal Circuit on June 12 issued mandates in two trade cases. In one, it said the Court of International Trade cannot order the reliquidation of finally liquidated entries except where a protest has been filed or a civil action has been filed challenging an antidumping duty or countervailing duty determination (see 2504210029). The court said the statute, 19 U.S.C. 1514, doesn't let the trade court order reliquidation based on equitable considerations. In the other case, the court affirmed the Commerce Department's decision to adjust wind tower exporter Dongkuk S&C Co.'s steel plate input costs based on price fluctuations unrelated to the plate's physical characteristics in the input's price over time (see 2504210022) (Target Corp. v. United States, Fed. Cir. # 23-2274) (Dongkuk S&C Co. v. United States, Fed. Cir. # 23-1419).