Contributing Lawyers


Cyndee Todgham Cherniak

United States

Susan Kohn Ross


Andrew Hudson

SCOTUS to Hear Anti-Dumping Case

The U.S. Supreme Court indicated yesterday that it would hear an Appeal involving anti-dumping duties imposed on low-enriched uranium from Europe.  In a case that will highlight the tension between U.S. anti-dumping law and national security interests, the Supreme Court will consider whether the U.S. Court of Appeals for the Federal Circuit correctly decided  that the Commerce Department was wrong when it imposed anti-dumping duties on Eurodif's imports into the U.S.  in 2001.  A number of U.S. utility companies, who rely on the uranium for the domestic production of nuclear power, supported Eurodif arguing that the importation of low-enriched uranium constituted a service by the French company not the provision of a product.   On the other side of the debate are USEC, the only U.S. company that enriches uranium, and the U.S. federal government who argued that the Deparment of Commerce decision should be restored given that the trade case had unprecedented national security implications.

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