CAFC Tosses Eighth Amendment Challenge to AD/CVD for Lack of Jurisdiction

The U.S. Court of Appeals for the Federal Circuit on April 8 upheld the Court of International Trade's decision to reject importer Rimco's challenge of antidumping and countervailing duties on its steel wheel entries for lack of subject matter jurisdiction. While Rimco filed suit under Section 1581(a) or, Section 1581(i) in the alternative, Judges Sharon Prost, Richard Taranto and Todd Hughes said that jurisdiction would have been proper under Section 1581(c) since the action's "true nature" was contesting a decision made by the Commerce Department.