Federal Circuit - No Byrd Amendment distributions for U.S. bedroom furniture producers based on responses to ITC questionnaires 

August 19:  The U.S. Court of Appeals for the Federal Circuit today affirmed the U.S. Court of International Trade, dismissing requests of U.S. domestic producers of wooden bedroom furniture for distributions pursuant to the “Byrd Amendment” compensation rules. Ashley Furniture Industries, Inc. v. United States, No. 2012-1200 (Fed. Cir. August 19, 2013)

The trade court concluded, and today the Federal Circuit affirmed, that the U.S. producers were not “affected domestic producers” pursuant to the Continued Dumping and Subsidy Offset Act (i.e., the Byrd Amendment) because the International Trade Commission had determined they did not qualify for distributions based solely on the producers’ responses to the ITC’s support/oppose questionnaires.

One U.S. manufacturer had responded to the ITC inquiry as “opposed” and the other responded “take no position.” Thus, the ITC concluded that neither was an interested party and therefore not affected domestic producers that would be entitled to Byrd Amendment distributions.

The Federal Circuit decision includes a dissenting opinion.

Read the Federal Circuit’s decision [PDF 153 KB]

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