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
Duane W. Layton,
Interlocutory Appeal of Remand Orders by the Court of International Trade Under 28 U.S.C. §1292(d)(1),
3 Fla. J. Int'l L.
(1988).
Available at: https://scholarship.law.ufl.edu/fjil/vol3/iss2/2