CIT Grants Injunction Pending Appeal in AD Case Dismissed for Lack of Jurisdiction
The Court of International Trade on Feb. 11 granted exporter Pipe & Piling Supplies' motion for an injunction against the liquidation of its pipe entries pending its appeal of the Court of International Trade's dismissal of its case contesting the 2022-23 administrative review of the antidumping duty order on large diameter welded pipe from Canada.
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Previously, Judge Jane Restani dismissed Pipe & Piling's case for lack of subject-matter jurisdiction, since the company failed to notify the other interested parties of its lawsuit as required by the USMCA (see 2509080047). Restani found this requirement to be a jurisdictional one.
Pipe & Piling decided to appeal this decision (see 2511070029), though given Restani's ruling, the court ended the temporary injunction in place and denied the exporter's motion for a statutory injunction against the liquidation of its entries. Due to the looming threat of liquidation, Pipe & Piling filed for an injunction pending appeal, which neither the government nor the petitioner contested.
Restani granted the injunction, noting the lack of objections and the fact that the exporter will "suffer irreparable harm" since it "will lose the opportunity to press its appeal if liquidation is not enjoined." The judge said this factor "outweighs what the court views as little chance of success on the merits."
(Pipe & Piling Supplies v. United States, Slip Op. 26-11, CIT # 24-00211, dated 02/11/26; Judge: Jane Restani; Attorneys: Alexander Schaefer of Crowell & Moring for plaintiff Pipe & Piling Supplies; Isabelle Aubrun for defendant U.S. government; Timothy Brightbill of Wiley Rein for defendant-intervenor American Line Pipe Producers Association Trade Committee)