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CIT Accepts China Magnesium AD Review Remand, Orders Plaintiff to Pay Costs for Misconduct

The Court of International Trade accepted the results of a remand of the 2008-09 antidumping administrative review of pure magnesium from China (A-570-832), and ordered Chinese plaintiff Tianjin Magnesium International to pay the costs of the court proceeding. TMI committed fraud during the AD review in an attempt to obtain lower dumping margins, and continued its misleading conduct during the court case by continuing to argue points that it had failed to exhaust during the review, CIT said. “TMI’s actions constitute a frivolous drain of the court’s resources…” CIT said. “TMI’s actions will not be tolerated in future proceedings before this court.”

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(Tianjin Magnesium Int’l Co., Ltd. v. U.S., Slip Op. 12-143, dated 11/21/12, Judge Tsoucalas)

(Attorneys: David Riggle of Riggle & Craven for plaintiff TMI; Stuart Delery for defendant U.S. government; Stephen Jones of King & Spalding for defendant-intervenor US Magnesium)

(See ITT's Online Archives 12051703 for summary of the CIT remand in this case.)