Exporters Voluntarily Scrap CAFC Appeal on Withdrawal From AD Suspension Deal
Exporters led by Bioparques de Occidente agreed to voluntarily dismiss their appeal at the U.S. Court of Appeals for the Federal Circuit regarding an antidumping duty investigation on tomatoes from Mexico originally opened in 1996 but subject to a series of suspension agreements negotiated between the Commerce Department and the Mexican government. The case was previously stayed after the Court of International Trade settled a related lawsuit (Bioparques de Occidente v. United States, Fed. Cir. # 23-2109).
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
In the related case, the trade court said it doesn't have jurisdiction to hear claims from a group of importers for which Commerce failed to find a changed circumstance or to open new shipper reviews in an antidumping duty investigation on Mexican tomatoes covering entries during 1995-96 (see 2504170035).
Commerce reopened the AD investigation in 2019 despite entering into another suspension agreement that year. In February, Commerce said it was withdrawing from the 2019 suspension agreement and would be issuing an AD order on Mexican tomatoes (see 2504150057), based on the margins calculated on remand in the CIT case.
The CAFC case, brought by the same companies, concerns the trade court's dismissal of all but one of the companies' claims against the AD investigation (see 2306300054). The claim concerned Commerce's withdrawal from a previous suspension agreement and claimed jurisdiction under Section 1581(i). While the trade court said it had jurisdiction to hear the claim, the appellate court already dismissed the challenge on substantive grounds (see 2305010071).