Cabinet Exporter Pushes for Injunction in CVD Case Since Entries Won't Be Subject to Admin Review
Chinese wood cabinet and vanities exporter Dalian Meisen Woodworking Co. moved, unopposed, for a preliminary injunction against liquidation of its entries in a countervailing duty challenge at the Court of International Trade, in a Sept. 1 filing. That's despite the fact that the challenge is of the underlying countervailing duty investigation on the wood cabinet and vanities from China, and liquidation of the entries is suspended until the conclusion of the first administrative review (Dalian Meisen Woodworking Co., Ltd. v. U.S., CIT #20-00110).
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Dalian originally was not expecting a threat of liquidation since it thought its entries would be subject to the first administrative review. "That is no longer the case," it said in pushing for the injunction. The threat of liquidation looms, prompting Dalian to argue that it will suffer irreparable harm if the injunction is not issued -- one of the four conditions for being granted an injunction. Since CIT and the U.S. Court of Appeals for the Federal Circuit have both held that liquidation leaves the plaintiff without a judicial remedy to tackle wrongdoing, the injunction now is necessary, Dalian argued.
Dalian also argues that it has a likelihood of success on the merits of the case. The exporter said the court has repeatedly rejected Commerce's application of adverse facts available to find a benefit under China's Export Buyer's Credit Program -- a claim central to Dalian's case.