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CAFC Issues Mandate in Case Finding No Delinquency Interest in CDSOA Payouts

The U.S. Court of Appeals for the Federal Circuit on Sept. 5 issued its mandate in a trio of cases on whether the Continued Dumping and Subsidy Offset Act of 2000 requires payouts of interest assessed after liquidation, known as…

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delinquency interest, to affected domestic producers. In July, the court said the Act doesn't require the payment of delinquency interest but only requires payments of interest that's "earned" on antidumping and countervailing duties and "assessed under" the associated AD or CVD order (see 2407150031). The mandate awarded $44.16 in costs to the U.S. (Adee Honey Farms, et al. v. United States, Fed. Cir. # 22-2105) (Hilex Poly Co. v. United States, Fed. Cir. # 22-2106) (American Drew v. United States, Fed. Cir. # 22-2114).