CAFC Issues Mandate Dismissing 8th Amendment AD/CVD Challenge for No Jurisdiction
The U.S. Court of Appeals for the Federal Circuit on May 30 issued its mandate following a decision dismissing importer Rimco's challenge of antidumping and countervailing duties on its steel wheel entries for a lack of subject-matter jurisdiction (see 2404080036).…
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The appellate court said jurisdiction would have been proper under Section 1581(c) as a challenge to a Commerce Department decision, instead of under Sections 1581(a) or 1581(i) as asserted by Rimco. The importer challenged the AD/CVD as being excessive under the Eighth Amendment to the U.S. Constitution (Rimco v. U.S., Fed. Cir. # 22-2079).