US Asks CIT to Dismiss Candian Pipe Exporter’s Case for Failure to Notify USMCA Panel
The U.S. on March 20 asked the Court of International Trade to dismiss exporter Pipe & Piling Supplies’ complaint for lack of jurisdiction, saying the exporter had failed to notify a USMCA panel of its lawsuit (Pipe & Piling Supplies v. United States, CIT # 24-00211).
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Alternatively, the complaint should be dismissed for failure to submit a claim, it said.
First, Pipe & Piling Supplies both failed to notify a binational panel and failed to adhere to the bar against starting an action for 30 days after the publication of the relevant determination, the government said.
It claimed the exporter cited 19 U.S.C. 1516a(a)(2), which only applies to countries not covered by the Free Trade Act, rather than 1516a(g)(3)(B), which actually governs in Pipe & Piling’s case. The exporter also filed its complaint only 27 days after the publication of the results of an administrative review of Canadian large-diameter welded pipe, it said.
Second, the exporter’s failure to fulfill the procedural requirements of USMCA also meant CIT couldn’t provide relief, the U.S. said.
It noted these requirements were “mandatory” and “not subject to equitable tolling,” as equitable tolling wouldn’t be consistent with USMCA’s “statutory scheme.” Further, tolling in this situation would rather be granting parties more time to file their notice of intent to seek judicial review beyond the 20-day deadline post-determination.
Because of this, it said, the court should also dismiss Pipe & Piling's request for a liquidation injunction.