CIT Lifts Injunction in AD Case Since Importers' Appeal Doesn't Concern Duty Rates
The Court of International Trade on July 29 lifted its statutory injunction on the liquidation of exporter Siderca's entries of oil country tubular goods from Argentina after importers led by Tenaris Bay City asked the court to lift its injunction. Judge Claire Kelly noted that although the importers appealed the trade court's decision sustaining the Commerce Department's dumping determination, the appeal only concerns the agency's initiation of the investigation and the "continued existence" of the antidumping duty order (Tenaris Bay City Inc. v. United States, CIT # 22-00343).
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As a result, the judge said lifting the injunction, which will lead to the liquidation of Siderca's entries, "will not render the legal questions under appeal moot."
The importers argued at CIT that Commerce had insufficient U.S. industry support to launch the antidumping duty and countervailing duty investigations on oil country tubular goods from Argentina, Mexico, South Korea and Russia. After previously remanding the issue, the trade court said the agency adequately addressed contrary evidence (see 2412110010). On remand, Commerce said it appropriately used industry source data and that finishing operations weren't double counted.