SMU Community Spotlight
February 19, 2023
Leibowitz: CIT Limits the Reach of Punitive Dumping Duties
Written by Lewis Leibowitz
Should there be limits on the power of the US Commerce Department under the antidumping laws to impose punitive and potentially prohibitive duties on imports? Last week, the Court of International Trade (CIT) placed some limits on Commerce to do so. The CIT rejected punitive duties in an antidumping investigation of utility-scale (i.e., big) wind towers from Spain (Siemens Gamesa v. United States (Feb.16, 2023)). More proceedings are needed to determine how far these limits might go; but they appear to bar Commerce from a particular tactic, explained below, that could be important in other antidumping proceedings.
