CIT Upholds Aluminum Extrusions Scope Decision, Sends Back Diamond Sawblades EAPA Case
The Court of International Trade in a pair of Dec. 16 opinions upheld the Commerce Department's decisions to exclude importers Worldwide Door Components' and Columbia Aluminum Products' door thresholds from the scope of the antidumping and countervailing duty orders on aluminum extrusions from China. After previously remanding the decision for not being submitted in a form that was judicially reviewable, Judge Timothy Stanceu said that this time around the agency has made a scope decision "in a form the court is able to sustain."
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In another Dec. 16 opinion, Judge Timothy Reif sent back CBP's remand results in an Enforce and Protect Act case, again finding that CBP did not provide an adequate explanation as to whether Diamond Tools Technology "made a material and false statement or act, or material omission." The judge said that CBP's use of the statute is "inconsistent with its language and structure," its use of the statute is "not entitled to deference in this case," and that the terms of the statute do not cover the present circumstances.