CAFC Establishes Jurisdiction to Challenge AD Determination Under Suspension Agreement
The Court of International Trade has jurisdiction to hear challenges to the Commerce Department's final determination in antidumping cases subject to suspension agreements, the U.S. Court of Appeals for the Federal Circuit said in a series of four opinions issued April 14. Throughout the four cases, various U.S. and Mexican tomato producers challenged the final determination in the antidumping investigation into Mexican tomatoes, which was subject to an antidumping suspension agreement. The cases also challenged Commerce's withdrawal from a previous suspension agreement and the agency's decision to continue the antidumping investigation following this withdrawal.
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The Federal Circuit sent the cases back to CIT after establishing jurisdiction to challenge the AD investigation's final determination. Where a few of the plaintiffs failed, however, was in their challenges to the termination of the first suspension agreement and the new suspension agreement. Without delving into issues of jurisdiction and mootness, the court said the challenges fail on the merits.