Abstract
This article briefly analyzes the problems faced by the Department of Commerce (Commerce) when the courts engage in a strict and doctrinaire application of the final judgment rule. In particular, this article focuses on the problems that occur when the Court of International Trade (CIT) rejects a legal standard that Commerce has been applying, substitutes a new legal standard and remands the case for reconsideration of the facts under the new legal standard. Secondly, this article seeks to establish that, in the absence of a final order and a right to appeal therefrom, interlocutory appeal under 28 U.S.C. § 1291(d)(1) is appropriate and indeed essential as to any CIT remand order which articulates a new legal standard that will have a direct effect on other administrative proceedings. This article will show that interlocutory appeal from these types of remand orders helps to conserve the resources of the judiciary and facilitate a smoother administration of the anti-dumping and countervailing duty laws.
Recommended Citation
Layton, Duane W.
(1988)
"Interlocutory Appeal of Remand Orders by the Court of International Trade Under 28 U.S.C. §1292(d)(1),"
Florida Journal of International Law: Vol. 3:
Iss.
2, Article 2.
Available at:
https://scholarship.law.ufl.edu/fjil/vol3/iss2/2