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CAFC Affirms Gov't Cannot Retain Unliquidated AD Duties After Order Revoked

In Canadian Wheat Board, et al. v. U.S., the Court of Appeals for the Federal Circuit has affirmed the Court of International Trade's finding that the government cannot retain antidumping duties after a North American Free Trade Agreement binational panel…

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has invalidated the AD duty order on hard red spring wheat from Canada and the International Trade Administration has revoked the order, and that the depositors can recover them, although the invalidated duties had been deposited prior to the date of that determination and had not been liquidated. (See future issue of ITT for details.)