CIT Consolidates 9 AD Cases, 9 CVD Cases on Aluminum Extrusions, Issues Partial Stay
The Court of International Trade on Feb. 20 consolidated nine cases challenging the Commerce Department's scope determination in the antidumping duty investigation on aluminum extrusions from China and nine cases challenging the scope determination in the countervailing duty investigation on the same products. The court also stayed the consolidated cases pending the trade court's first decision in a separate case on the International Trade Commission's injury determination on the products (Dorman Products v. United States, CIT #s 24-00236, -00237).
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The plaintiffs that filed the 18 cases wanted to consolidate all of them and stay them all until the case on the injury determination is fully settled. Judge Mark Barnett refused to do so, only consolidating the nine AD cases and nine CVD cases.
The judge said that while the scope issues "may be largely identical, the AD and CVD cases involve different legal authorities, different administrative records, and different published determinations." Barnett then only stayed the cases until the "first opinion on the merits" in the injury case.