This Note examines the countervailing duty law and how it was applied in Railcars. Part I discusses the MTA's decision to award the subway car contract to Bombardier, Inc., a Canadian corporation. The countervailing duty proceeding and other legal actions initiated in response to the allegedly subsidized contract are also described. Part II provides a general background on the Act. Part III explains the procedure for conducting a countervailing duty proceeding under the Act. After each step in a countervailing duty proceeding is outlined, its application in Railcars is discussed. Finally, Part IV analyzes how the Act was misapplied in Railcars.
Rhonda G. Kirschner,
Railcars From Canada: A Misapplication of the Countervailing Duty Law,
7 Fordham Int'l L.J. 287
Available at: http://ir.lawnet.fordham.edu/ilj/vol7/iss2/3