CIT Says Importer Can't Challenge Late Preliminary AD Duty Determination Until Rates Are Final

The Court of International Trade on Nov. 20 dismissed an importer’s bid to invalidate the preliminary determination in the ongoing antidumping duty investigation on aluminum foil from China, finding the importer needs to wait for the final determination to challenge the case. Valeo North America sought to bar the collection of AD duty cash deposits on its imported aluminum foil, arguing that Commerce’s late issuance of the preliminary determination means that it should have been “deemed negative” with all rates automatically set to zero. Valeo claimed CIT had “residual jurisdiction” over the case because all the normal avenues for a court hearing were inadequate. But CIT found Valeo could wait to argue its case in a normal challenge of a Commerce final determination. Paying cash deposits while waiting for a chance to challenge an AD duty case is a normal situation, and “neither the burden of participating in the administrative proceeding nor the business uncertainty caused by such a proceeding is sufficient to constitute manifest inadequacy,” CIT said.