CAFC Grants Commerce Authority to Conduct Expedited CVD Reviews, Rejects Customs Broker Exam Appeal

The Commerce Department has the statutory authority to conduct expedited countervailing duty reviews, the U.S. Court of Appeals for the Federal Circuit held April 25. Reversing a Court of International Trade ruling concerning imports of certain softwood lumber products from Canada, Judges Timothy Dyk, Jimmie Reyna and Richard Taranto said that authority for the review process is found in the Uruguay Round Agreement Act's enactment of certain provisions that favor individual company determinations and the URAA's "grant of regulatory-implementation power to Commerce." Taranto, the opinion's author, added that logically, it is clear why an expedited process may be needed to ensure that the individualized determination preference of the statute is implemented.

In a separate opinion, the appellate court upheld CBP's decision not to grant credit to customs broker license exam test taker Byungmin Chae for two questions on the exam. While the three-judge panel granted Chae credit for one of three questions he challenged, that was not sufficient to bring him up to the 75% threshold needed to pass the test.