CIT Dismisses Another CDSOA Challenge as Foreclosed by Precedent

The Court of International Trade dismissed Giorgio Foods’ challenge of the International Trade Commission and CBP’s refusal to disburse funds collected as antidumping and countervailing duties to Giorgio pursuant to the Continued Dumping and Subsidy Offset Act (CDSOA, also known as the Byrd Amendment). During the original investigation, the company had indicated no position on questionnaires on three AD duty orders on preserved mushrooms, and opposed another. CIT found two of Giorgio’s arguments, that the failure to disburse violated the Constitution on First Amendment free speech and Fifth amendment equal protection grounds, to be foreclosed by previous precedent. The court said it didn’t have jurisdiction to hear Giorgio’s final claim that defendant-intervenors unjustly enriched themselves at Giorgio’s expense by receiving some CDOSA funds to which Giorgio was entitled.