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CAFC Holds Off on Liquidation for China/Vietnam Wind Towers 'Provisional Measures' Entries

The Court of Appeals for the Federal Circuit reinstated a temporary restraining order blocking liquidation of entries of wind towers from China and Vietnam made during the “provisional measures” period between the preliminary determination and orders issued in the antidumping…

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and countervailing duty investigations. The temporary restraining orders had been in place since March 4, pending the coalition’s challenge to the effective date of the AD/CV duty orders resulting from the investigations (see 13030820). Because of the injury vote in the investigations, the orders did not cover entries made between the preliminary determination and the AD/CV duty orders. The Court of International Trade denied the coalition’s motion for an injunction against liquidation, and dissolved the temporary restraining order (see 13040132), but the coalition appealed CIT’s ruling on April 3 (see 13040925). The appeals court is holding off on dissolution of the restraining order until it hears back from the government on the motion to stay.