Full opinion text
OPINION PER CURIUM. The Canadian lumber industry, the Canadian federal government, and several of Canada’s provincial governments seek to invalidate the action of the United States Trade Representative (“USTR”) ordering implementation of an International Trade Commission (“ITC”) determination finding an affirmative threat of material injury arising from imports of Canadian softwood lumber into the United States. Plaintiff Tembec, Inc. (“Tembec”), Plaintiff-Inter-venor Canadian Lumber Trade Alliance (“CLTA”), and Plaintiff-Intervenors the Governments of Canada (collectively “Plaintiffs”) allege that the United States has illegally continued to enforce anti-dumping (“AD”) and countervailing duty (“CVD”) orders following the illegal implementation of an affirmative injury determination issued by the ITC pursuant to section 129 of the Uruguay Round Agreements Act (“URAA”). Defendant United States and Defendant-Intervenor Coalition for Fair Lumber Imports Executive Committee (“CFLI”) (collectively “Defendants”) move to dismiss pursuant to US-CIT Rules 12(b)(1), for lack of subject matter jurisdiction, and 12(b)(5), for failure to state a claim upon which relief can be granted. See Def.’s Mem. Supp. Mot. Dismiss 1 (“Def.’s Mem.”); Def.-Interve-nor’s Mem. Law Supp. Mot. Dismiss 1 (“Def.-Int.’s Mem.”). Plaintiffs cross-move for summary judgment. The court grants Plaintiffs’ motions in part and finds that the USTR improperly interpreted and applied section 129. The court reserves decision on the remedy to be imposed. I. Procedural History Softwood lumber has been a perennial sore-spot in trade relations between the United States and Canada. The U.S. softwood lumber industry has long maintained that Canadian softwood lumber exports are sold at “less than fair value” in the United States and that Canada subsidizes the Canadian softwood lumber industry, injuring the U.S. industry. For five years, litigation over Canadian softwood lumber imports was limited by a 1996 agreement governing the importation of softwood lumber from Canada. See Canadian Exports of Softwood Lumber, 61 Fed. Reg. 28,626 (U.S. Trade Rep. June 5,1996) (notice of agreement; monitoring and enforcement pursuant to sections 301 and 306). That hiatus ended when the agreement expired on March 31, 2001. See Certain Softwood Lumber Products from Canada, 66 Fed.Reg. 21,328, 21,331 (Dep’t Commerce Apr. 30, 2001) (notice of initiation of antidumping duty investigation). Following expiration of the agreement, on April 2, 2001, CFLI and several other U.S. entities filed a petition with U.S. Department of Commerce (“Commerce”) and the ITC, alleging that an industry in the United States was materially injured and threatened with material injury by reason of subsidized and less-than-fair-value imports of softwood lumber from Canada. See Softwood Lumber from Canada, 66 Fed.Reg. 18,508 (Int’l Trade Comm’n Apr. 9, 2001) (institution of countervailing duty and antidumping investigations and scheduling of preliminary phase investigations). The ITC instituted investigations pursuant to that petition on April 9, 2001. Id. On May 16, 2002, the ITC issued a final determination that the domestic industry was threatened with material injury by reason of imports of softwood lumber from Canada. Softwood Lumber from Canada, Inv. Nos. 701-TA-414, 731-TA-928 (Final), USITC Pub. 3509 (May 2002) (“May 16, 2002 Determination”). On May 22, 2002, Commerce issued AD and CVD orders on certain softwood lumber products from Canada. Certain Softivood Lumber Products from Canada, 67 Fed.Reg. 36,-068 (Dep’t Commerce May 22, 2002) (notice of amended final determination of sales at less than fair value and notice of antidumping order); Certain Softivood Lumber Products from Canada, 67 Fed. Reg. 36,070 (Dep’t Commerce May 22, 2002) (notice of amended final affirmative countervailing duty determination and notice of countervailing duty order) (collectively “May 22, 2002 Orders”). That day, CLTA and the Ontario Forest Industries Association filed petitions for binational panel review with the U.S. section of the North American Free Trade Agreement (“NAFTA”) Secretariat, later followed by petitions from Tembec and the Ontario Lumber Manufacturers Association. See North American Free-Trade Agreement, Article 190k NAFTA Panel Reviews, 67 Fed.Reg. 41,955 (Dep’t Commerce June 20, 2002) (notice of first request for panel review). While the NAFTA Panel reviewed the ITC’s May 16, 2002 Determination, in April 2003, the Canadian government requested the formation of a World Trade Organization (“WTO”) panel to review the ITC’s May 16, 2002 Determination for consistency with the WTO Anti-dumping and Subsidies agreements. See Pis.’ J. Statement of Undisputed Facts ¶ 12. Thus, the ITC’s May 16, 2002 Determination was concurrently subject to review in two separate fora, applying different bodies of law. The NAFTA Panel issued its decision on September 5, 2003, finding that the ITC’s injury determination was not supported by substantial evidence or in accordance with U.S. law. See In the Matter of Certain Softwood Lumber Products from Canada, USA-CDA-2002-1904-07, Panel Decision (Sept. 5, 2003) (“NAFTA First Remand”). The NAFTA Panel therefore remanded to the ITC with instructions to report back within one hundred days. Id. at 115. On December 15, 2003, the ITC issued its remand determination, again finding an affirmative threat of injury. See In the Matter of Certain Softwood Lumber Products from Canada, USA-CDA2002-1904-07, Remand Decision, at 3 (Apr. 19, 2004) (“NAFTA Second Remand”). On April 19, 2004, the NAFTA Panel issued its Second Remand report, finding that the ITC’s remand determination was not supported by substantial evidence or in accordance with U.S. law. Id. at 51-52. The ITC was given 21 days in which to issue a second remand determination. Id. at 53. Meanwhile, on March 22, 2004, the WTO Panel issued its decision finding that the ITC’s affirmative determination was not consistent with the United States’ WTO obligations. Panel Report, United States — Investigation of the International Trade Commission in Softwood Lumber from Canada, WT/DS277/R (Mar. 22, 2004) (“WTO Panel report”). On April 26, 2004, the Dispute Settlement Body (“DSB”) of the WTO adopted the WTO Panel report. Rather than appeal to the WTO Appellate Body (“AB”), on June 14, 2004, the USTR sent a letter, pursuant to section 129(a)(1) of the URAA, to the ITC requesting an advisory report as to whether the ITC would be able to implement the WTO Panel report in accordance with Title VII of the Trade Act of 1930. See Letter from Robert B. Zoellick, USTR, to Deanna T. Okun, Chairman, ITC (June 14, 2004) AR 2. On July 14, 2004, the ITC replied that it would be able to render its determination “not inconsistent” with the WTO Panel report under Title VII. See Letter from Stephen Koplan, Chairman, ITC, to Robert B. Zoellick, USTR (July 14, 2004) AR 3. On July 27, 2004, the USTR requested that the ITC issue a determination pursuant to section 129(a)(4) of the URAA. See Letter from Robert B. Zoellick, USTR, to Stephen Koplan, Chairman, ITC (July 27, 2004) AR 4. In response, on August 5, 2004, the ITC published notice in the Federal Register that it was instituting a section 129(a)(4) proceeding. See Softwood Lumber from Canada, 69 Fed. Reg. 47,461 (Int’l Trade Comm’n Aug. 5, 2004) (notice of institution of proceeding). While the ITC and USTR were determining how to respond to the adverse WTO Panel report, the ITC submitted a revised threat of injury analysis per the NAFTA Panel’s Second Remand on June 10, 2004. See In the Matter of Certain Softwood Lumber Products from Canada, USA-CDA-2002-1904-07, Remand Decision, at 2 (Aug. 31, 2004) (“NAFTA Third Remand”). Once again, the ITC remand determination found a threat of material injury. Id. On August 31, 2004, the NAFTA Panel returned its third report, finding that the ITC had not corrected inadequacies in its injury analysis, and giving the ITC ten days to issue a new determination. Id. at 13. On September 10, 2004, the ITC relented and issued a determination finding no threat of material injury to the domestic industry resulting from imports of softwood lumber from Canada. See Softwood Lumber from Canada, Inv. Nos. 701-TA-414, 731-TA-928 (Final) (Third Remand), USITC Pub. 3815, Views on Remand (Sept. 10, 2004) (“Negative Remand Determination”). The NAFTA panel affirmed this determination on October 12, 2004. See Certain Softwood Lumber Products from Canada, 69 Fed.Reg. 69,-584, 69,585 (Dep’t Commerce Nov. 30, 2004) (NAFTA panel decision). On October 25, 2004, a “notice of final panel action” was published by the NAFTA Secretariat. Id. On November 24, 2004, the United States requested that an Extraordinary Challenge Committee (“ECC”) review the NAFTA Panel’s Third Remand. Certain Softivood Lumber Products from Canada, 69 Fed.Reg. 70,235 (Dep’t Commerce Dec. 3, 2004) (notice of request for Extraordinary Challenge Committee). On the same day, and despite having issued the Negative Remand Determination, the ITC issued a determination pursuant to section 129(a)(4) finding that the domestic industry was threatened with material injury by reason of imports of softwood lumber. Softwood Lumber from Canada, 701-TA-414, 701-TA-928 (Final), Section 129 Determination (Nov. 24, 2004) AR 5 (“Section 129 Determination”); see also WTO Dispute Settlement Proceeding Regarding Investigation of the International Trade Commission in Softwood Lumber from Canada, 70 Fed.Reg. 36,687, 36,688 (U.S. Trade Rep. June 24, 2005) (notice and request for comments) (noting date of Section 129 Determination). Pursuant to the ITC’s Negative Remand Determination of September 10, 2004, on November 30, 2004, Commerce published a notice in the Federal Register: Consistent with the decision of the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) in Timken Co. v. United States, 898 F.2d 337 (Fed.Cir.1990) ..., the Department of Commerce ... is notifying the public that the Third Remand for antidumping and countervailing duty investigations in Certain Softwood Lumber Products from Canada and the Notice of Final Panel action issued by the NAFTA Panel reviewing the ITC’s determinations ... are not “in harmony” with the ITC’s original results. 69 Fed.Reg. at 69,584 (“Timken notice”). Returning to the WTO track, on December 10, 2004, the USTR instructed Commerce to amend the May 22, 2002 Orders to implement the ITC’s section 129(a)(4) determination. See Letter from Robert B. Zoellick, USTR, to Donald L. Evans, Sec’y, Dep’t Commerce (Dec. 10, 2004) AR 6 (“I request that the Department [of Commerce] effectuate this implementation by amending the anti-dumping and countervailing duty orders on softwood lumber products from Canada, published on May 22, 2002 ... to reflect the issuance and implementation of the Commission’s Section 129 determination.”). Commerce carried out the USTR’s instructions on December 20, 2004. Certain Softwood Lumber Products from Canada, 69 Fed.Reg. 75,916 (Dep’t Commerce Dec. 20, 2004) (amendment to antidumping and countervailing duty orders). The United States then informed the WTO Panel that it had complied with the recommendations of the WTO Panel report. On February 15, 2005, Canada requested that the WTO form a panel (“Article 21.5 Panel”) to review the measures taken by the ITC to render its determination consistent with the United States’ WTO obligations. See Request for the Establishment of an Article 21.5 Panel, United States — Investigation of the Int’l Trade Comm’n in Softwood Lumber from Canada, WT/DS277/8 (Feb. 15, 2005). Review of the NAFTA Third Remand and the Section 129 Determination continued in separate fora, with mixed results. On August 10, 2005, the ECC unanimously dismissed the United States’ challenge to the NAFTA Panel’s Third Remand, thus upholding the NAFTA Panel’s finding that the May 16, 2002 Determination was inconsistent with U.S. law. See In the Matter of Certain Softwood Lumber Products from Canada, ECC-2004-1904-01-USA, Opinion and Order of the ECC (Aug. 10, 2005). The NAFTA Secretariat published a notice of the ECC’s decision on August 16, 2005. North American Free-Trade Agreement, Article 1901 NAFTA Panel Reviews, 70 Fed.Reg. 48,103 (Dep’t Commerce Aug. 16, 2005) (notice of decision and completion of Extraordinary Challenge Committee). On November 15, 2005, however, the WTO Article 21.5 Panel found the ITC’s Section 129 Determination consistent with the United States’ WTO obligations. Panel Report, United States— Investigation of the International Trade Commission in Softioood Lumber from Canada — Recourse to Article 21.5 of the DSU by Canada, WT/DS277/RW (Nov. 15, 2005). Commerce therefore continued collecting deposits pursuant to the May 22, 2002 Orders as “amended” to reflect the ITC’s Section 129 Determination. At the time Plaintiffs’ motions for summary judgment were filed, the total deposits collected pursuant to the May 22, 2002 Orders exceeded four billion U.S. dollars. See Pls.’ J. Statement of Undisputed Facts ¶ 6; Def.’s Counterstatement of Material Fact ¶ 6. Plaintiff Tembec filed a summons and complaint in this Court on January 19, 2005, alleging under section 702 of the Administrative Procedure Act (“APA”) that the USTR’s action ordering Commerce to implement the Section 129 Determination was not in accordance with law. Defendants moved to dismiss this action for lack of subject-matter jurisdiction and failure to state a claim upon which relief can be granted. In response, Plaintiffs filed for summary judgment claiming that the USTR’s actions were not in accordance with section 129. To prevail on their claims for summary judgment, Plaintiffs must show that there is no genuine issue of material fact and that they are entitled to judgment as a matter of law. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). II. Subject Matter Jurisdiction The court begins with a consideration of whether it possesses the authority, both statutory and constitutional, to hear this case. Subject matter jurisdiction constitutes a “threshold matter,” and without it, a case must be dismissed without proceeding to the merits. See Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 94, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998). “The burden of establishing jurisdiction lies with the party seeking to invoke th[e] Court’s jurisdiction.” Bhullar v. United States, 27 CIT,-,-, 259 F.Supp.2d 1332, 1334 (2003) (citing Old Republic Ins. Co. v. United States, 14 CIT 377, 379, 741 F.Supp. 1570, 1573 (1990)), aff'd, 93 Fed.Appx. 218 (Fed.Cir.2004). This matter involves a number of discrete jurisdictional issues. First, the court must consider certain mandatory limits on its power to hear this case; including Plaintiffs’ standing under the Article III ‘case and controversy’ requirement; Plaintiffs’ right to bring suit challenging the USTR’s interpretation of section 129; and the statutory authority of this Court to hear such claims under 28 U.S.C. § 1581 (2000). Second, the court must consider certain prudential limits on its authority to hear the case, including Plaintiffs’ standing-under the “zone of interests” test, as well as the political question doctrine. A. Mandatory Limitations on Jurisdiction 1. Constitutional Standing Article III of the U.S. Constitution requires federal courts to adjudicate only “actual Cases and Controversies.” Utah v. Evans, 536 U.S. 452, 459, 122 S.Ct. 2191, 153 L.Ed.2d 453 (2002) (quotations omitted); U.S. Const, art. Ill, § 2. To show an actual case or controversy, plaintiffs must “[1] allege personal injury [2] fairly traceable to the defendant’s allegedly unlawful conduct and [3] likely to be redressed by the requested relief.” Dep’t of Commerce v. U.S. House of Representatives, 525 U.S. 316, 329, 119 S.Ct. 765, 142 L.Ed.2d 797 (1999) (quoting Allen v. Wright, 468 U.S. 737, 751, 104 S.Ct. 3315, 82 L.Ed.2d 556 (1984) (quotations omitted)). It is apparent that Plaintiffs have alleged personal injuries fairly traceable to the allegedly unlawful conduct of the USTR. As to the private plaintiffs, which are Canadian producers and exporters of softwood lumber, they have paid, and continue to pay, cash deposits on merchandise that they exported to the United States subject to the May 22, 2002 Orders. Tembec Am. & Supplemental Compl. ¶ 5. Pecuniary injury constitutes injury in fact. See Elkem Metals Co. v. United States, 26 CIT 398, 401, 196 F.Supp.2d 1367, 1371 (2002) (“Probable economic injury suffices to establish standing.”). Private plaintiffs assert that these deposits have been collected by virtue of the USTR’s illegal action ordering Commerce to implement the Section 129 Determination. See Tembec Am. & Supplemental Compl. ¶¶ 5-9, 14-15, 23-25, 27-29, 31-32, 34-36. CLTA brings the same claims against the United States on behalf of its members. See CLTA Compl. ¶¶ 4, 7-8, 12, 21-23, 25-27, 29-30, 32-34. Defendants argue that the USTR’s action in ordering implementation of the Section 129 Determination was legal, but otherwise have not disputed that the private plaintiffs are lumber producers that have paid cash deposits under the May 22, 2002 Orders. The Governments of Canada allege injury in the form of damage to their respective economies and lost tax revenue. See Can. Gov’ts’ Mem. Supp. Mot. Summ. J. & Resp. Defs.’ Mot. Dismiss 71 (“PI.-GOC’s Mem.”). Defendants do not appear to dispute this assertion. The deprivation of tax revenue has been recognized as an injury in fact in other contexts. See, e.g., Mount Evans Co. v. Madigan, 14 F.3d 1444, 1451-52 (10th Cir.1994) (finding that county had standing to sue based on the loss of revenue sharing and tax revenue stemming from decision by U.S. Forest Service not to rebuild certain park facilities after forest fire). The Governments of Canada also assert that the loss of tax revenue stems directly from economic injury inflicted on softwood lumber companies located within their borders. See Pl.GOC’s Mem. 71. This claim is sufficient to show causation. See Bennett v. Spear, 520 U.S. 154, 168-69, 117 S.Ct. 1154, 137 L.Ed.2d 281 (1997) (rejecting arguments “equat[ing] injury ‘fairly traceable’ to the defendant with injury as to which the defendant’s actions are the very last step in the chain of causation”); see also Singleton v. Wulff, 428 U.S. 106, 113, 96 S.Ct. 2868, 49 L.Ed.2d 826 (1976); United States v. Students Challenging Regulatory Agency Procedures (SCRAP), 412 U.S. 669, 689 n. 14, 93 S.Ct. 2405, 37 L.Ed.2d 254 (1973). A favorable judgment from the court would afford relief for these claimed injuries. The court is not asked to review the Section 129 Determination itself for consistency with U.S. law. Rather, the court is asked to review whether the USTR had authority to order implementation of the Section 129 Determination under section 129(a). A victory for Plaintiffs would result in invalidation of the USTR’s order to Commerce that resulted in implementation of the Section 129 Determination. Because implementation is necessary to give a determination “domestic legal effect,” that is, to support an order, a finding that the USTR improperly ordered implementation of the Section 129 Determination will prevent the use of that determination to support the May 22, 2002 Orders. The parties appear to concede that, absent implementation of the Section 129 Determination, the Negative Remand Determination would control. See Def.’s Mem. 40; Def.-Int.’s Mem. 44. Nor do Defendants appear to dispute that, if the Section 129 Determination were not implemented, the deposits collected after issuance of the Timken notice would be returned to Plaintiffs. See Def.’s Mem. 40; Def.-Ink’s Mem. 46. Thus, all parties agree that a finding that implementation of the Section 129 Determination was ultra vires would result in a refund, pursuant to the Negative Remand Determination, of some or all of the cash deposits collected. The possibility of such a refund, as well as the revocation of the May 22, 2002 Orders, satisfies the “redressability” prong of the standing inquiry. 2. Mootness Having found that Plaintiffs meet the requirements of standing, the court must also determine whether any intervening events have mooted this case. See Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., 528 U.S. 167, 189, 120 S.Ct. 693, 145 L.Ed.2d 610 (2000) (“The requisite personal interest that must exist at the commencement of the litigation ... must continue throughout its existence.”) (quoting Arizonans for Official English v. Arizona, 520 U.S. 43, 68 n. 22, 117 S.Ct. 1055, 137 L.Ed.2d 170 (1997) (quotations omitted)). Unless the circumstances fall within certain well-defined exceptions to mootness, a court cannot entertain a ease in which “[t]he controversy between the parties has ... clearly ceased to be ‘definite and concrete’ and no longer ‘touches the legal relations of parties having adverse legal interests.’ ” DeFunis v. Odegaard, 416 U.S. 312, 317, 94 S.Ct. 1704, 40 L.Ed.2d 164 (1974) (quoting Aetna Life Ins. Co. v. Haworth, 300 U.S. 227, 240-41, 57 S.Ct. 461, 81 L.Ed. 617 (1937) (parentheses omitted)). “The test is whether a present controversy exists as to which effective relief may be granted.” Associa-cao Dos Industriáis de Cordoaria E. Redes v. United States, 17 CIT 754, 759, 828 F.Supp. 978, 984 (1993) (“Cordoaria ”). Defendant asserts that Plaintiffs’ claims, which Defendant characterizes as seeking the enforcement of the ITC’s Negative Remand Determination, were mooted by implementation of the Section 129 Determination. Def.’s Mem. 43 (“The section 129 determination provides an independent basis for the antidumping and countervailing duty orders. Accordingly, even if this Court possessed subject matter jurisdiction and plaintiffs’ complaints concerning the retroactive effect of revocation pursuant to a NAFTA panel decision were valid, any decision by this Court concerning those issues would be advisory only.”); see also URAA SAA at 1027 (“[Ijmplementation of section 129 determinations may render moot all or some issues in pending litigation in connection with the agency’s initial determination.”). Defendants’ argument assumes the very question the court has been called upon to decide — • whether the Section 129 Determination could be implemented following the Negative Remand Determination. Consequently, the case is not moot. 3. Statutory Jurisdiction In addition to constitutional authority, the court must also consider whether it has the statutory authority to hear this case. The court will first consider whether a challenge to the USTR’s interpretation of section 129 is within the jurisdiction of the Court of International Trade under 28 U.S.C. § 1581(i)(4). The court will then address whether Congress has authorized a private right of action to bring a suit challenging the USTR’s interpretation of section 129. Finally, the court will consider whether foreign governments, such as the Governments of Canada, are “persons” entitled to bring suit in this Court under the APA and 28 U.S.C. § 2631 (2000). a. Jurisdiction Under 28 U.S.C. § 15810) Plaintiffs invoke the court’s jurisdiction under 28 U.S.C. § 1581(i), See Tembec Am. & Supplemental Compl. ¶4; CLTA Compl. ¶ 1; Pl.-GOC Compl. ¶3. Congress enacted § 1581(i)(4) to ensure that actions involving the “administration and enforcement” of matters reviewable under other portions of § 1581 did not escape review in this Court. Cordoaria, 17 CIT at 757, 828 F.Supp. at 982-83 (Congress intended § 1581® “to avoid conflict in jurisdiction with the district courts and to ensure judicial review for various unspecified challenges to enforcement of import laws.”). Plaintiffs claim that § 1581® applies because this case involves actions taken by the USTR to administer and enforce a determination by the ITC under section 129(a)(4), i.e., a determination subject to review under 28 U.S.C. § 1581(c). PL-GOC’s Mem. 58 n. 35 (arguing that “[t]he Federal Circuit has recognized the distinction between actions challenging a determination reviewable under section 516A of the Tariff Act ... and actions challenging the administration and enforcement of orders based on such determinations”). Two arguments are advanced as to why § 1581® does not apply in this case. First, Defendanh-Intervenor claims that once substantive review of the ITC’s May 16, 2002 Determination entered the NAFTA review process, the claim ceased to involve review of the administration and enforcement of a “matter” reviewable under § 1581(c). Def.-Int.’s Reply 43 (arguing that court could not review “the ‘matter’ of the ITC negative remand determination issued pursuant to the NAFTA panel’s order” because “this Court could never have had jurisdiction over the action taken by the ITC on remand”). Defendant’s argument mis-characterizes the nature of Plaintiffs’ claims. Plaintiffs do not challenge the administration and enforcement of the Negative Remand Determination. Instead, it is the administration and enforcement of the Section 129 Determination that is challenged. Section 1581(c) only permits suits based on the review of actions listed in 19 U.S.C. § 1516a, which does not include the USTR’s interpretation of section 129. See Shinyei Corp. of Am. v. United States, 355 F.3d 1297, 1304-05, 1309 (Fed.Cir.2004) (granting plaintiff § 1581(i)(4) jurisdiction in action challenging administration and enforcement of results of administrative review); Consol. Bearings Co. v. United States, 348 F.3d 997, 1002 (Fed.Cir.2003) (“[A]n action challenging Commerce’s liquidation instructions is not a challenge to the final results, but a challenge to the ‘administration and enforcement’ of those final results.”). The fact that the Negative Remand Determination may remain in effect if the Section 129 Determination is invalidated does not transform Plaintiffs’ challenge to the USTR’s interpretation of section 129 into an attempt to enforce a NAFTA report or the Negative Remand Determination. Defendants make a similar argument, claiming that Plaintiffs cannot bring suit under § 1581® because they could have received the same remedy in a challenge to the May 22, 2002 Orders under § 1581(c). See Def.’s Mem. 39-40; Def.’s Reply Supp. Mot. to Dismiss & Resp. Pis.’ Mot. Summ. J. (“Def.’s Reply”) 35 (“[Plaintiffs did not ... respond to our demonstration that they might have received the same remedy — revocation of the antidumping and countervailing duty orders and refunds of deposited estimated duties — pursuant to a properly brought 28 U.S.C. § 1581(c) action challenging the ITC’s original 2002 determination.”). It is true that “[s]ection 1581® jurisdiction may not be invoked when jurisdiction under another subsection of § 1581 is or could have been available, unless the remedy provided under that other subsection would be manifestly inadequate.” Norcal/Crosetti Foods, Inc. v. United States, 963 F.2d 356, 359 (Fed.Cir.1992) (quoting Miller & Co. v. United States, 824 F.2d 961, 963 (Fed.Cir.1987) (emphasis removed)). This constraint does not mean, however, that Plaintiffs must forego their right to NAFTA panel review of the substance of the May 16, 2002 Determination in order to seek review of a completely separate action taken to administer and enforce the Section 129 Determination. The facts in Consolidated Bearings, 348 F.3d at 1001, present a similar situation. In that case, an importer challenged under § 1581® the wrongful liquidation of its entries at the time-of-entry cash deposit rate, rather than at the rate established by the weighted average of the final results of an administrative review. Id. at 1001. The importer brought an action under the APA and § 1581®, claiming that Commerce improperly administered the results of the administrative review. Id. at 1002. The defendant moved to dismiss for lack of subject matter jurisdiction, arguing that the plaintiff could have participated in the administrative review and received the same remedy under § 1581(c). Id. Although the importer might have received its sought-after rate had it joined the administrative review, the Federal Circuit nonetheless found § 1581® jurisdiction proper. Id. The court focused not on the remedies available under § 1581(c) and (i), but on the distinction between the claims available under § 1581(c), a challenge to the substance of the administrative review, and § 1581®, a challenge to Commerce’s failure to comply with past-practice in applying assessed rates. Id. In this case, a challenge to the substance of the ITC’s Negative Remand Determination, or the substance of the Section 129 Determination for that matter, involves an entirely separate legal claim than is presented here. Like the plaintiff in Consoli dated Bearings, Plaintiffs have brought a challenge to the administration and enforcement of a determination, not to the validity of the determination itself. Consequently, the availability of a remedy under § 1581(c) as to the underlying determination does not bar suit under § 1581(i). b. Private Right of Action The APA provides a waiver of sovereign immunity allowing persons aggrieved by agency action to file suit for relief other than money damages. Under the APA, courts presume a private right of action is available absent “any indication in the statute that the [agency] decision is committed wholly to the discretion of the agency or that review is otherwise precluded.” Md. Dep’t of Human Res. v. Dep’t of Health & Human Servs., 763 F.2d 1441, 1445 (D.C.Cir.1985) (quoting Bell v. New Jersey, 461 U.S. 773, 778 n. 3, 103 S.Ct. 2187, 76 L.Ed.2d 312 (1983)) (quotations omitted); see 5 U.S.C. § 701(a). This presumption may be overcome by a clear indication of Congressional intent to the contrary. See Block v. Cmty. Nutrition Inst., 467 U.S. 340, 350-51, 104 S.Ct. 2450, 81 L.Ed.2d 270 (1984). Defendants argue that Plaintiffs lack a cause of action for two reasons. First, they argue that Congress has clearly barred private suits to enforce the NAFTA or to challenge agency action taken to implement a NAFTA report. See Def.’s Mem. 41; Def.-Int.’s Mem. 18-21. Second, Defendants argue that the terms of the URAA clearly state that no person other than the United States “shall have any cause of action or defense under any of the Uruguay Round Agreements or by virtue of congressional approval of such an agreement.” 19 U.S.C. § 3512(c)(1); see also Def.-Int.’s Mem. 22-26. Defendants are correct that Congress has provided that no private party may sue to enforce implementation of a NAFTA panel report. 19 U.S.C. § 1516a(g)(7)(a) (“Any action taken by the administering authority or the Commission under this paragraph shall not be subject to judicial review ....”); § 3312(c)(1) (“No person other than the United States ... shall have any cause of action or defense under ... the Agreement or by virtue of congressional approval thereof .... ”); § 3312(c)(2) (providing that no person other than the United States “may challenge, in any action brought under any provision of law, any action or inaction by any department ... on the ground that such action or inaction is inconsistent with the Agreement....”). These provisions are irrelevant, however, because Plaintiffs’ claims do not arise from the NAFTA. Instead, pursuant to the APA, Plaintiffs contest the USTR’s interpretation of section 129, which was passed as part of the URAA. The possibility that the court would find the USTR’s order to implement the Section 129 Determination unlawful does not transform Plaintiffs’ claims into an effort to enforce the NAFTA or a NAFTA report through the courts. Because this suit arises from the APA and section 129, and not from the NAFTA or by virtue of Congress’ approval of the NAFTA, the jurisdictional bars of 19 U.S.C. §§ 1516a(g) and 3312(c) do not apply. Defendants also argue that Plaintiffs’ claims are barred as attempts to enforce the terms of the URAA. See Def.Int.’s Mem. 22-26. Specifically, § 3512(c)(1) bars federal courts from entertaining “(A) ... any cause of action or defense under any of the Uruguay Round Agreements or by virtue of congressional approval of such an agreement, or (B) ... any action brought under any provision of law, [to challenge] any action or inaction by any department ... of the United States ... on the ground that such action or inaction is inconsistent with such agreement.” 19 U.S.C. § 3512(c)(1) (emphasis added). Defendants are correct that Plaintiffs’ suit stems from section 129 of the URAA; however, Defendants’ argument overlooks a crucial distinction — section 129 is domestic legislation that implements, but does not approve, the Uruguay Round Agreements (“URA”). See 19 U.S.C. § 2903(a)(1)(B) (distinguishing between trade agreements, such as the URA, legislation implementing an agreement, such as the URAA, and Congressional approval of an agreement). An exhaustive opinion recently issued by the court delineates the difference between “approval” of an agreement and “enactment” of an agreement’s implementation act in the NAFTA context. See Can. Dumber Trade Alliance v. United States, 30 CIT -, -, 425 F.Supp.2d 1321, 1361-62 (2006) (“CLTA”) (“Given that Congress has demonstrated that it knows how to refer to implementing legislation, the court cannot conclude that ‘approval of the Agreement’ means, or extends to, barring actions under the implementing legislation itself.”). The court finds that the reasoning expressed in CLTA regarding the NAFTA Implementation Act is directly applicable to the URAA as well. In CLTA the court found that “approval” of the NAFTA was accomplished by only a single section of the NAFTA Implementation Act, while the remainder of that Act does not approve the NAFTA at all. Id. at-, 425 F.Supp.2d at 1359. As in the NAFTA Implementation Act, the URAA contains a single provision that “approves” the URA. Compare 19 U.S.C. § 3311(a) (approving NAFTA and its accompanying statement of administrative action), with 19 U.S.C. § 3511(a) (approving URA and its accompanying statement of administrative action); see also CLTA 30 CIT at-, 425 F.Supp.2d at 1362-63 (discussing ratification through “approval” of NAFTA). The court in CLTA also found that the nature of the “fast track” trade agreement procedures used to negotiate the NAFTA demonstrated a distinction between “approval” of the agreement negotiated by the President and passage of the implementing legislation by Congress. CLTA 30 CIT at -, 425 F.Supp.2d at 1360-61. The URAA was passed via “fast track” authority, and the same distinction between approval and enactment exists in its legislative history. Compare North American Free Trade Agreement Statement of Administrative Action, H.R. Doc. No. 103-159, at 13-14 (1993) (referring to “[t]he prohibition of a private right of action based on the NAFTA, or on Congressional approval of the agreement in section 101(a) ”) (emphasis added), with URAA SAA at 676 (referring to “[t]he prohibition of a private right of action based on the Uruguay Round agreements, or on Congressional approval of those agreements in section 101(a),” now codified at § 3511(a)) (emphasis added). Finally, the court in CLTA also noted that a broad reading of “approval” would lead to absurd results in the statutory scheme. CLTA 30 CIT at-, 425 F.Supp.2d at 1363. For example, in that ease, Defendant-Intervenors would have been prevented from raising § 3312(c)(1)(A) as a bar to judicial review, because that provision is part of the implementing legislation, and no person other than the United States “shall have any cause of action or defense” by virtue of congressional approval of the NAFTA. Id. at -, 425 F.Supp.2d at 1358 (quoting 19 U.S.C. § 3312(c)(1)(A)) (emphasis altered). Defendant-Intervenors would face an identical problem under § 3512(c)(1)(A), which contains the same limitation on defenses arising from the “approval” of the URA. A recent case from the Court of Appeals for the Federal Circuit also impliedly acknowledges the distinction between the “approval” and “implementation” of a treaty. In Fortner Employees of Quality Fabricating, Inc. v. U.S. Secretary of Labor, 448 F.3d 1351 (Fed.Cir.2006), the court considered this Court’s jurisdiction to review claims brought pursuant to a provision of the NAFTA Implementation Act governing trade adjustment assistance. Id. at 1352-53. The court noted that “the statutes implementing NAFTA vested the Court of International Trade with considerable jurisdiction over litigation arising under NAFTA.” Id. at 1355. It also recognized that “19 U.S.C. § 3311 ... approves the NAFTA with Canada and Mexico, and the SAA proposed to implement the agreement.” Id. Implied in this statement is the recognition that “approval” of the NAFTA is accomplished by one section of the NAFTA Implementation Act, 19 U.S.C. § 3311, not the implementing legislation as a whole. It follows logically that the remainder of the statute does not “approve” the NAFTA, but rather “implements” it. Similarly, 19 U.S.C. § 3511(a)(1) “approves” the URA, and the remainder of the statute, including section 129, “implements” the URA. Because § 3512(c) bars actions arising from the URA and Congressional approval thereof, that section does not bar review of actions brought to challenge the USTR’s interpretation of section 129, which was enacted to “implement,” not to “approve,” the URA. Furthermore, the structure of the URAA is designed to ensure the participation of all interested parties, including parties such as Plaintiffs. Interested parties are entitled to submit comments on a proposed section 129 determination. 19 U.S.C. § 3538(d). Interested parties are entitled to notice of pending implementation of a section 129 determination. Id. § 3538(c)(2). Interested parties are also entitled to bring suit to challenge the substance of an implemented section 129 determination. 19 U.S.C. § 1516a(a)(2)(B)(vii) (declaring “determination by the administering authority or the Commission under section 3538 of this title [Section 129] concerning a determination under subtitle IV of this chapter” renewable by courts). The court will not infer that, despite Congress’ clearly expressed intent to promote the participation of interested foreign parties in the section 129 process, it nevertheless intended to preclude review of whether the USTR’s order to implement the results of that process is in accordance with law. Plaintiffs do not challenge the outcome or adoption of any decision stemming from the URA, NAFTA, or Congressional approval of these agreements. Therefore, Plaintiffs may bring their cause of action challenging the USTR’s interpretation of section 129. c. The Governments of Canada Are Entitled to Bring Suit Under the APA The Governments of Canada brought their suit pursuant to 28 U.S.C. §§ 1581(i), 2631(0, and the APA. See PL-GOC’s Mem. 64. Defendants argue that the United States has not waived its sovereign immunity with respect to foreign sovereigns’ assertion of claims against it under the APA because foreign sovereigns do not qualify as “persons” under the APA. See Def.’s Mem. 19-22. Section 702 grants a “person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute ” access to federal courts. 5 U.S.C. § 702 (2000) (emphasis added). The APA defines “person” as “an individual, partnership, corporation, association, or public or private organization other than an agency.” 5 U.S.C. § 551(2). Defendants believe that the Governments of Canada cannot invoke the APA because traditionally “in common usage, the term ‘person’ does not include the sovereign, and statutes employing the word are ordinarily construed to exclude it.’ ” Def.’s Mem. 20 (quoting Will v. Mich. Dep’t of State Police, 491 U.S. 58, 64, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989) (quotations, citation & brackets omitted)). Defendant’s cited cases all involve the definition of “person” in the context of 42 U.S.C. § 1983 (2000) and the Due Process Clause of the U.S. Constitution, not the APA, 28 U.S.C. § 1581, or 28 U.S.C. § 2631. See Def.’s Mem. 20 (citing Will, 491 U.S. at 64, 109 S.Ct. 2304; Breard v. Greene, 523 U.S. 371, 378, 118 S.Ct. 1352, 140 L.Ed.2d 529 (1998) (per curiam); Price v. Socialist People’s Libyan Arab Jamahiriya, 294 F.3d 82, 97 (D.C.Cir.2002)). The definition of “person,” however, for purposes of other statutes is not tied to the logic of civil rights legislation. Indeed, the definition of “person” is often defined more broadly than is “person” in the context of § 1983. The Supreme Court has noted that there is no hard and fast rule of exclusion. The purpose, the subject matter, the context, the legislative history, and the executive interpretation of the statute are aids to construction which may indicate an intent, by the use of the term, to bring state or nation within the scope of the law. Decision is not to be reached by a strict construction of the words of the Act, nor by the application of artificial canons of construction. On the contrary, we are to read the statutory language in its ordinary and natural sense, and if doubts remain, resolve them in the light, not only of the policy intended to be served by the enactment, but, as well, by all other available aids to construction. United States v. Cooper Corp., 312 U.S. 600, 604-05, 61 S.Ct. 742, 85 L.Ed. 1071 (1941) (footnote omitted), superseded by statute on other grounds, 15 U.S.C. § 15a, as recognized in U.S. Postal Serv. v. Flamingo Indus. (USA) Ltd., 540 U.S. 736, 745, 124 S.Ct. 1321, 158 L.Ed.2d 19 (2004). In the context of other statutes, foreign sovereigns have been' found to be “persons.” See, e.g., Pfizer Inc. v. Gov’t of India, 434 U.S. 308, 320, 98 S.Ct. 584, 54 L.Ed.2d 563 (1978). In Pfizer, for example, the Supreme Court found that foreign sovereigns are “persons” entitled to sue under the Sherman and Clayton Acts, 15 U.S.C. §§ 7, 12. The Court noted that the definition of persons provided in the statute included “corporations and associations” formed under domestic and foreign laws. Id. at 312 n. 9, 98 S.Ct. 584. The Court considered the statute’s expansive remedial purpose and found that a foreign sovereign was a “person.” Id. at 313, 98 S.Ct. 584 (“In light of the law’s expansive remedial purpose, the Court has not taken a technical or semantic approach in determining who is a ‘person’ entitled to sue for treble damages.”) (citing Cooper, 312 U.S. at 605, 61 S.Ct. 742). A number of cases have found that the term “person” should be read to include a foreign sovereign for purposes of the APA. In cases litigating Freedom of Information Act requests filed by foreign agencies and sovereigns, courts have generally assumed that such entities are “persons” within the meaning of 5 U.S.C. § 551. See, e.g., Stone v. Exp.-Imp. Bank of U.S., 552 F.2d 132, 136 (5th Cir.1977); Neal-Cooper Grain Co. v. Kissinger, 385 F.Supp. 769, 776 (D.D.C.1974). The D.C. Circuit has since cited these cases with approval. Md. Dep’t Human Res., 763 F.2d at 1445; but see Doherty v. U.S. Dep’t of Justice, 596 F.Supp. 423, 427-28 (S.D.N.Y.1984) (disagreeing with Neah-Cooper in dicta). In addition to the general meaning of “person” under the APA, the court finds that the best indication of whether Congress intended for foreign sovereigns to be considered “persons” for purposes of this case lies in the statutes governing who may sue in the Court of International Trade. 28 U.S.C. § 2631(i) governs which parties may bring suit in this Court under 28 U.S.C. § 1581® and provides that “[a]ny civil action of which the Court of International Trade has jurisdiction ... may be commenced in the court by any person adversely affected or aggrieved by the agency action within the meaning of section 702 of title 5.” 28 U.S.C. § 2631® (emphasis added). Other portions of text from § 2631 illuminate the meaning of “person” within the statute. Subsection 2631(j)(l)(B) states that “only an interested party who was a party to the proceedings in connection with which the matter arose may intervene, and such person may intervene as a matter of right.” 28 U.S.C. § 2631(j)(l)(B) (emphasis added). “Interested party” and “person” in this subsection share the same antecedent, which indicates that “interested party” and “person” have an identical meaning within the statute. The history of U.S. international trade law supports this conclusion. For the purposes of administrative law and specific administrative procedures, agencies frequently employ “interested party” as a term of art in trade cases, and the laws governing this Court adopt this convention, while using “person” in other contexts. Thus, a “person” for the purposes of 28 U.S.C. § 2631 includes “the government of a country in which such merchandise is produced or manufactured or from which such merchandise is exported.” 19 U.S.C. § 1677(9)(B) (providing definitions for terms within Subtitle IV, Countervailing and Antidumping Duties, of Tariff Act of 1930); see 28 U.S.C. § 2631(k)(l) (giving term “interested party” in 28 U.S.C. § 2631 definition provided in 19 U.S.C.A. § 1677); see also 19 U.S.C. § 1677(3) (placing “a political subdivision” of foreign country within definition of “foreign country”); cf. CLTA, 30 CIT at -, 425 F.Supp.2d at 1355 n. 32 (noting intent of Congress to allow foreign governments to commence actions in this Court); H.R.Rep. No. 96-1235, at 28 (emphasizing Congressional intent to “enlarge[ ] the class of persons eligible to sue in civil actions in the Court of International Trade to include ... foreign governments”). This definition indicates that the Governments of Canada have standing to pursue this case. Consequently, the Court has the power to provide relief that may redress the alleged injuries of all Plaintiffs in the suit. B. Prudential Limitations 1. The Zone of Interests In addition to demonstrating standing under Article III, Plaintiffs also bear the burden of showing that their “complaint[s] ... fall within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question.” See McKinney, 799 F.2d at 1551 (citations & quotations omitted); see also Air Courier Conference of Am. v. Am. Postal Workers Union, 498 U.S. 517, 523-24, 111 S.Ct. 913, 112 L.Ed.2d 1125 (1991). “In the administrative context, [the zone of interests aspect] is derived from the requirement of section 702 of the APA that a plaintiff challenging agency action must be ‘adversely affected or aggrieved.’ ” Sacilor, Acieries et Laminoirs de Lorraine v. United States, 815 F.2d 1488, 1491 (Fed. Cir.1987) (citing 5 U.S.C. § 702). For this test, the court need only determine that the complainant’s interest is “arguably within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question.” Ass’n of Data Processing Serv. Orgs., Inc. v. Camp, 397 U.S. 150, 153, 90 S.Ct. 827, 25 L.Ed.2d 184 (1970) (emphasis added). Specifically, the court must “first discern the interests ‘arguably ... to be protected’ by the statutory provision at issue [and] then inquire whether the plaintiffs interests affected by the agency action in question are among them.” Nat’l Credit Union Admin. v. First Nat’l Bank & Trust Co., 522 U.S. 479, 492, 118 S.Ct. 927, 140 L.Ed.2d 1 (1998) (ellipses in original). a. The Interests Arguably Protected by the Statutory Provision at Issue Defendant argues that “[f]oreign governments and producers are ... outside the ‘zone of interest’ intended to be protected by section 129” because “section 129 creates only procedures for the Political Branches to consult with each other in order to frame the United States’ response to adverse WTO reports.” Def.’s Mem. 18 (citing URAA &4A at 1022); Def.-Int.’s Reply 15-17. According to Defendant, only the U.S. Government falls within the applicable “zone of interests” because section 129 establishes a procedure for administrative actions following WTO panel reports to bring U.S. actions into compliance with those rulings. Within this context, Congress provided “for interested party participation only for the ITC’s proceedings upon the merits, section 129(d), and judicial review only for implemented determinations.” Def.’s Reply 4; Def.-Int.’s Mem. 28-29. Thus, Defendants invite the court to read narrowly the provisions of 19 U.S.C. § 3538 and find arguable interests only where Congress has specifically provided a statutory right to participate in the administrative process. Defendants’ argument focuses on the procedural rights created by section 129, but misses the proper object of inquiry— the substantive interests to be protected by those procedural rights. See Int’l Bhd. of Teamsters v. Pena, 17 F.3d 1478, 1484 (D.C.Cir.1994) (finding that prudential standing to challenge agency failure to comply with notice and comment requirements depends on nature of “substantive authority” of agency in question). The Supreme Court instructs the courts to consider “the overall context” of the relevant statutory framework in deciding which interests are arguably protected. Clarke v. Sec. Indus. Ass’n, 479 U.S. 388, 401, 107 S.Ct. 750, 93 L.Ed.2d 757 (1987) (stating that court is “not limited to considering the statute under which respondents sued, but may consider any provision that helps us to understand Congress’ overall purposes in the [relevant act]”). Section 129 does indeed impose an obligation on the ITC to allow interested parties to provide comments on a proposed section 129 determination. 19 U.S.C. § 3538(d). It provides a right to be notified once a section 129 determination is implemented. Id. § 3538(c)(2). It also provides a right to seek judicial review of a section 129 determination, if it is implemented. 19 U.S.C. § 1516a(a)(2)(B)(vii). The substantive purpose of these procedural rights, however, is to ensure, once the USTR has ordered the ITC to make a determination under section 129, that such determination “is in accord with U.S. safeguards, anti-dumping, or countervailing duty law.” URAA SAA at 1023, 1022 (stating that section 129 is “a mechanism that permits the agencies concerned ... to issue a second determination, where such action is appropriate, to respond to the recommendations in a WTO panel or Appellate Body report”) (emphasis added). The possibility that interested parties will suffer under an unlawful AD or CVD order is the substantive interest that Plaintiffs argue is within the zone of interests protected in section 129. Thus, section 129 is intended not only to provide the USTR with authority to order new determinations to comply with adverse WTO reports, but also to ensure that those determinations are made in accordance with U.S. law. The procedural interest of participating in the section 129 process cannot be divorced from the substantive interest such participation arguably protects — ensuring that new section 129 determinations are implemented in accordance with U.S. law. b. Whether Plaintiffs’ Interests Affected by the USTR’s Actions Are Among the Interests Protected by Section 129 Private plaintiffs, as producers, exporters, and importers, have an interest in the proper administration of 19 U.S.C. § 3538. First, they are “interested parties” as defined in 19 U.S.C. § 1677(9)(A). As they were and are subject to U.S. antidumping and countervailing duties, they have a protected interest in the proper administration of section 129. See 19 U.S.C. § 3538(c)(1), (d). Plaintiffs’ interest in not having antidumping and countervailing duties imposed is directly connected to the proper administration of section 129 and, therefore, falls “arguably within the zone of interests to be protected or regulated [by section 129].” Data Processing, 397 U.S. at 153, 90 S.Ct. 827. Likewise, the Canadian Governments’ interests are regulated by section 129, as Congress intended foreign governments to be “interested parties” for the purposes of this section. See 19 U.S.C. § 1677(9). The Governments of Canada claim that they were aggrieved by Commerce’s and the ITC’s actions within the meaning of 28 U.S.C. § 2631(i), specifically that Defendants’ administrative actions harmed then-economies and tax revenues. See Data Processing, 397 U.S. at 154, 90 S.Ct. 827 (stating that interest to be protected “at times, may reflect ... economic values.”). The Supreme Court has held that “[history associates the word ‘aggrieved’ with a congressional intent to cast the standing net broadly — beyond the common-law interests and substantive statutory rights upon which ‘prudential’ standing traditionally rested.” Fed. Election Comm’n v. Akins, 524 U.S. 11, 19, 118 S.Ct. 1777, 141 L.Ed.2d 10 (1998). Therefore, the Governments of Canada also meet the zone of interests requirement. See Clarke, 479 U.S. at 399-400, 107 S.Ct. 750 (stating that zone of interests test only “denies a right of review if the plaintiffs interests are so marginally related to or inconsistent with the purposes implicit in the statute” and that “there need be no indication of congressional purpose to benefit the would-be plaintiff’). Thus, the court thus finds no prudential standing restraints that bar Plaintiffs’ claims in this matter. 2. Foreign Affairs and the Political Question Doctrine The court must also consider whether the issue before it is a political question committed the discretion of a coordinate political branch. Courts refer to six factors identified in Baker v. Cart' to determine whether an issue should be deemed a nonjustieiable “political question.” 369 U.S. 186, 217, 82 S.Ct. 691, 7 L.Ed.2d 663 (1962). These factors are: [1] a textually demonstrable constitutional commitment of the issue to a coordinate political department; or [2] a lack of judicially discoverable and manageable standards for resolving it; or [3] the impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion; or [4] the impossibility of a court’s undertaking independent resolution without expressing lack of the respect due coordinate branches of government; or [5] an unusual need for unquestioning adherence to a political decision already made; or [6] the potentiality of embarrassment from multifarious pronouncements by-various departments on one question. Bancoult v. McNamara, 445 F.3d 427, 432 (D.C.Cir.2006) (quoting Baker, 369 U.S. at 217, 82 S.Ct. 691). Any one of these factors may be sufficient to render an inquiry a political question, “but ‘unless one of these formulations is inextricable from the case at bar,’ we may not dismiss the claims as nonjusticiable under the political question doctrine.” Id. at 432-33, 445 F.3d 427 (quoting Baker, 369 U.S. at 217, 82 S.Ct. 691). This ease implicates none of these concerns. First, this is manifestly not a case involving the “textual commitment” of the given subject matter to a coordinate branch of government. The USTR, as part of the Executive Office of the President, undoubtedly has a role in the creation and management of U.S. trade policy. See Fed-Mogul, 63 F.3d at 1581 (“Trade policy is an increasingly important aspect of foreign policy, an area in which the executive branch is traditionally accorded considerable deference.”). Nevertheless, Congress also possesses some constitutional authority to regulate trade with foreign nations. U.S. Const, art. I, § 8, cl. 3. In the context of section 129, Congress has intentionally instituted a system of checks and balances, requiring the USTR to consult with Congress, see 19 U.S.C. § 3538(a)(3) and (5), and giving the ITC, an independent agency, authority to decide whether it may, under Title VII, take steps to comply with an adverse WTO report, see id. § 3538(a)(1). See Fed.-Mogul Corp., 63 F.3d at 1581-82 (noting ITC’s role as check on USTR’s ability to implement WTO determinations through section 129 process, thereby dampening influence of “political concerns” on policy). Given this division of constitutional and statutory authority, the court finds that there is no demonstrable textual commitment of the interpretation of section 129 to the political branches. Moreover, this case clearly presents issues susceptible to judicial analysis and review. The court is called upon to interpret the scope of authority conferred on the USTR by statute. There is no lack of judicially manageable standards to be used in interpreting a delegation of power from Congress to an executive agency. See FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120,132-35,120 S.Ct. 1291, 146 L.Ed.2d 121 (2000) (interpreting authority of FDA to regulate cigarettes under agency’s organic statute); DKT Mem’l Fund, Ltd. v. Agency for Int’l Dev., 810 F.2d 1236,1238 (D.C.Cir.1987) (“[W]hereas attacks on foreign policymaking are non-justiciable, claims alleging non-compliance with the law are justiciable, even though the limited review that the court undertakes may have an effect on foreign affairs.”). As discussed above, this case fundamentally concerns the authority of the USTR under section 129(a) — a question of domestic administrative and trade law that lies within this Court’s subject matter jurisdiction. Consideration of the USTR’s authority to order implementation of affirmative section 129(a) determinations does not depend on the court’s evaluation of the wisdom of a given implementation. The court is neither called upon to make trade policy, nor to direct the USTR as to whether any section 129 determination should be implemented. Rather, the court is merely asked to determine the bounds of the USTR’s authority to order implementation. Cf. Population Inst. v. McPherson, 797 F.2d 1062, 1067 (D.C.Cir.1986) (finding agency’s interpretation of statute restricting USAID funding for family planning programs operating in nations where forced abortion or sterilization occurs was justiciable because “the correctness of the [agency’s] interpretation of the amendment appeared to be a simple question of statutory construction that a court was competent to examine”). Furthermore, resolution of this case does not present a lack of respect for, or a need for unquestioning adherence to, the views of the executive, or the possibility of embarrassment from multifarious statements from the U.S. Government. In the context of international trade law, courts frequently find agency determinations inconsistent with U.S. law or unsupported by substantial evidence. Indeed, the court is required by statute to invalidate such actions, regardless of the potential for “embarrassment.” See 19 U.S.C. § 1516a(b)(l) (requiring court to deem certain agency actions unlawful if unsupported by substantial evidence or “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law”). Given this obligation, the court also finds that reviewing the scope of authority delegated to the USTR under section 129 would not show a “lack of respect” that would implicate the political question doctrine. Finally, this court has been instructed not to exercise unquestioning support for executive agencies in interpreting international trade law. Fed-Mogul Corp., 63 F.3d at 1581 (noting that foreign affairs aspect of trade law does not grant “Commerce ... unlimited discretion ... or [allow] courts [to] unthinkingly defer to the Government’s view of Congressional enactments”). Consequently, the court finds that it has the power to hear Plaintiffs’ claims and that no prudential concerns limit the court’s jurisdiction. III. Statutory Analysis Having resolved the question of jurisdiction, the court now turns to the merits of Plaintiffs’ claims. The issue before the court is a relatively narrow question of statutory interpretation: whether Congress has granted the USTR authority, pursuant to section 129, to order anything other than the total or partial revocation of an AD, CVD, or safeguar