The Federal Circuit's recent decision in Dongkuk v. US exemplifies the ongoing judicial divide between Judges Hughes and Reyna regarding trade law interpretations. The case arose from a petition by the Wind Tower Trade Coalition, which alleged that Korean wind towers were being sold in the U.S. at unfair prices, invoking the antidumping laws established under the Tariff Act of 1930. The Commerce Department imposed a 5.41% antidumping duty after determining that Dongkuk S&C was selling below fair value. The CIT and now, the Federal Circuit, upheld Commerce's decision, although there was a dissent from Judge Reyna.
This reaffirmation by the Federal Circuit highlights the ongoing division between Judges Hughes and Reyna, which has been evident in multiple cases regarding trade law.
The case underscores the complexities of antidumping laws and the rigorous processes involved in determining whether foreign manufacturers are selling goods at unfairly low prices.
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