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Haynes Boone Helps Canadian Lumber Exporters win Federal Appeals Court Ruling in Tariff Dispute

April 27, 2023

Haynes Boone Counsel Ed Lebow and Associate Angela Oliver helped Canadian lumber exporters Les Produits Forestiers D&G Ltee and Marcel Lauzon Inc. win a Court of Appeals for the Federal Circuit in a cross-border tariff dispute.

Read an excerpt of the Law360 article discussing this case below:

The Federal Circuit on Tuesday reversed a decision nixing a rule that granted Canadian lumber exporters quicker reviews of their individual countervailing duty rates, saying an American lumber trade group that challenged the rule glossed over a single word that made the reviews acceptable.

The Committee Overseeing Action for Lumber International Trade Investigations or Negotiations, or Coalition, had asked a three-judge panel to uphold a U.S. Court of International Trade ruling that struck down the decades-old rule, arguing that the U.S. Department of Commerce was limited in its options for examining companies when determining subsidy rates.

But U.S. Circuit Judge Richard G. Taranto, writing for the panel, said that a section of the Tariff Act of 1930 — in laying out Commerce's examination options for when individual determinations for all producers in an investigation aren't feasible — uses the word "may." . . .

Ed Lebow of Haynes Boone, an attorney for Canadian companies Les Produits Forestiers D&G Ltee and Marcel Lauzon Inc., told Law360 that the companies were pleased by the Federal Circuit's decision.

To read the full article on Law360, click here.