CIT Rejects Remand Results in AD/CVD Scope Case, Says Judicial Review Impossible
Remand redeterminations recently submitted by the Commerce Department in two related cases are not final agency decisions that can be sustained by the Court of International Trade, and doing so would circumvent the trade court’s judicial review process, CIT said…
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in a pair of Aug. 10 decisions rejecting the remand results in a case involving a scope ruling on door thresholds. Filed in response to the second CIT remands in cases involving two respective scope rulings that found the door thresholds from Columbia and Worldwide Door subject to antidumping and countervailing duties on aluminum extrusions from China, the remand redeterminations, filed under protest, only promise a future “revised scope ruling” if the trade court sustains. “Because it is not the actual scope ruling or determination Commerce plans to issue, it would not be self-effectuating should the court sustain it, and the agency decision that would follow if it were sustained would escape direct judicial review,” CIT said in the two nearly identical opinions.