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JUDICIAL REVIEW OF THE INTERNATIONAL TRADE COMMISSION'S DETERMINATIONS IN ANTIDUMPING AND COUNTERVAILING DUTY PROCEEDINGS: AN OVERVIEW OF DECISIONS IN 2006

I. INTRODUCTION

In 2006, the U.S. Court of International Trade ("CIT") and the U.S. Court of Appeals for the Federal Circuit ("Federal Circuit" or "CAFC") issued approximately 15 published decisions reviewing the U.S. International Trade Commission's ("Commission" or "ITC") determinations related to antidumping ("AD") or countervailing duty ("CVD") proceedings. These cases included several longstanding disputes, reflecting the recent trend for challenges to ITC decisions to entail multiple remands and several rounds of judicial review before final resolution.1 The decisions included controversial CAFC rulings on the ITC's required analysis of the role of non-subject imports in its material ...

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