Business Case Problem with Sample Answer—

Import Controls. The Wind Tower Trade Coalition is an association of domestic manufacturers of utility-scale wind towers. The coalition filed a suit in the U.S. Court of International Trade against the U.S. Department of Commerce, challenging its decision to impose only prospective antidump ing duties, rather than retrospective (retroactive) duties, on imports of utility-scale wind towers from China and Vietnam.

The Commerce Department had found that the domestic industry had not suffered any “material injury” or “threat of material injury” from such imports and that it would be pro tected by a prospective assessment. Can an antidumping duty be assessed retrospectively? If so, should it be assessed here?

Discuss. [Wind Tower Trade Coalition v. United States, 741 F.3d 89

(Fed. Cir. 2014)] (See Regulation of Specific Business Activities.)

—For a sample answer to Problem 16–6, go to Appendix F at the end of this text.