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NSIAD-84-129 1 (1984-06-26)

handle is hein.gao/gaobabnkj0001 and id is 1 raw text is: ~ID ~ 2 .S 35 UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 NATIONAL SECURITY AND INTERNATIONAL AFFAIRS DIVISION B-214271 June 26, 1984 The Honorable Sam M. Gibbons Chairman, Subcommittee on Trade Committee on Ways and Means 124535 House of Representatives Dear Mr. Chairman: Subject: Judicial Review of Antidumping and Countervailing Decisions (GAO/NSIAD-84-129) In response to your letter of February 28, 1983, concerning trade remedy laws and to subsequent discussions with your staff, we reviewed the impact of certain changes made by the Trade Agreements Act of 1979 to the antidumping and countervailing duty laws. Specifically, we looked at the new provisions for judicial review of decisions (determinations) by the Department of Commerce and International Trade Commission (ITC) and for suspension of Commerce investigations through agreements reached with foreign exporters. This letter discusses our work concern- ing the judicial review process; suspension agreements were ad- dressed in a separate report dated June 15, 1984 (GAO/NSIAD-84- 125). 1 1 A major feature of the new judicial review provisions was the appeal of certain interlocutory (interim) decisions by Commerce and ITC in antidumping and countervailing cases. The Customs Court Act of 1980 also significantly affected the nature and scope of judicial review of such cases. Enclosure I dis- cusses the background and impact of the changes in judicial review provided by the 1979 Trade Act and the 1980 Customs Court Act. Enclosure II lists the administrative determinations which may be appealed to the Court of International Trade (CIT). We found that, from January, 1980 through July 1983, the CIT disposed of three matters (dispositions) involving two interlocutory appeals of agency determinations. This amounts to 2.2 percent of total CIT dispositions during our review period. (483387) 029'411 51I

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