CIT to Rehear Dismissed CDSOA Claim on Appeals Court Precedent
The Court of International Trade vacated its August judgment against Nan Ya Plastics’ claim for funds under the Continued Dumping and Subsidy Offset Act (CDSOA, also known as the Byrd Amendment) (see 12071601). The court will now allow Nan Ya to file an amended complaint, in light of the Appeals Court’s July 2012 ruling in PS Chez Sidney v. International Trade Commission (see 12071604).
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In Chez Sidney, the claimant had supported an antidumping duty petition, but took no position in the final phase, despite submitting questionnaire responses at both opportunities. The Court of Appeals for the Federal Circuit had ruled that the fact that Chez Sidney had taken no position in the final phase was irrelevant, given its support during the preliminary phase and its implicit support in answering the questionnaires.
Nan Ya subsequently requested a rehearing of its case, arguing that it had also supported the petition at the preliminary phase despite expressing “no position” at the final phase. The “no position” declaration had been relied on by CIT to deny the company’s earlier claim. CIT decided to vacate in light of the CAFC decision, and allow Nan Ya to submit an amended complaint to plead that it supported the petition at the preliminary stage. Nan Ya will not be allowed the relitigate its constitutionality arguments, the court said.
(Nan Ya Plastics Corporation v. U.S.; Slip Op. 13-60, dated 05/10/13, Judges Carman, Stanceu and Gordon)
(Attorneys: Kevin Horgan of deKieffer & Horgan for plaintiff Nan Ya Plastics Corporation, America; Jessica Toplin for defendant U.S. government; Neal Reynolds for defendant International Trade Commission)