CIT Dismisses Importer's AD Duty Circumvention Challenge for Failure to File Legal Brief

The Court of International Trade on May 1 dismissed an importers challenge of charges that it is circumventing antidumping duties, finding that the importer did not first fully argue its case at the Commerce Department (here). Commerce had found Ceramark Technology was circumventing the AD duty order on small diameter graphite electrodes from China by making 17-inch diameter electrodes that fell just outside the 16-inch maximum diameter in the scope of the AD duty order. According to Commerce, the change was minor enough that the electrodes should still be subject to AD duties. CIT at first sided with Ceramark, sending the anticircumvention determination back to Commerce in September so the agency could address Ceramark’s argument that the companies that originally requested the AD duties had chosen not to cover 17-inch diameter electrodes. However, after Commerce issued its redetermination making new arguments in favor of its finding of circumvention, Ceramark did not file a brief responding to the agency. As a result, the company did not fully argue its case at the administrative level and is not entitled to a judicial review of its case, said CIT.