Gilda Industries, Inc. v. United States

OPINION

BARZILAY, Judge:

In this case, on remand from the Court of Appeals from the Federal Circuit, the court must determine whether the United States Trade Representative (“USTR”) has complied with the “carousel provision” of 19 U.S.C. § 2416 with respect to its retaliatory duty list, created as a result of the hormone beef dispute between the United States and European Community (“EC”). Pursuant to the statute, the USTR must either undertake a periodic review and revision of the list unless she qualifies for one of two statutory exceptions to this mandate: (1) that the USTR believes that the…