CIT Denies Bid for Stay in Antidumping Case, Cites Harm to FSS Exporter
The Court of International Trade in a May 26 order denied the U.S.' motion for a stay in an antidumping case. The case, brought by exporter Building Systems de Mexico, contests the less-than-fair-value investigation into fabricated structural steel from Mexico.…
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The U.S. requested a stay until the Court of Appeals for the Federal Circuit issues a decision in an appeal of the International Trade Commission's negative injury determination on the steel from China. Judge Claire Kelly said that "a stay is not appropriate in this case" since BSM could be harmed by a stay order. The exporter has already successfully challenged four of the Commerce Department's bases for finding dumping, and a stay would "significantly devalue" its investment in challenging the finding of dumping needed for an AD order, she said.