CIT Rejects Request for Reconsideration of China Magnesium AD Case; Threatens Sanctions on Plaintiff

The Court of International Trade rejected plaintiff Tianjin Magnesium International’s request for reconsideration of CIT’s Nov. 21 affirmance of a remand redetermination of the 2008-09 antidumping administrative review of pure magnesium from China (A-570-832). In affirming the remand, CIT had said 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, ordering TMI to pay costs. Despite its failure to comment on the remand redetermination, TMI requested reconsideration because it said it had no opportunity to comment. CIT rejected that argument, noting that the schedule for a response had been extended at TMI’s request. “As a final courtesy, TMI is once again warned that its frivolous conduct is unacceptable and potentially within the scope of the court’s authority to impose sanctions,” threatened CIT.