CIT Denies Motion to Stay Case Challenging 2022 Aluminum Foil Review
Court of International Trade Judge Claire Kelly denied Aug. 20 a motion by various exporters to stay their case challenging antidumping duty and countervailing duty reviews on Chinese-origin aluminum foil (Jiangsu Dingsheng New Materials Joint-Stock Co. v. United States, CIT # 24-00228).
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The exporters, led by Jiangsu Dingsheng New Materials Joint-Stock Co., challenged the Commerce Department’s selection of Romania as its primary review surrogate, its calculation of several input values and its refusal to correct a double remedies issue or grant a separate rate to all Dingsheng companies (see 2501140079).
Seeking the stay, they argued that the surrogate selection and double remedies adjustment also are being litigated in another current case involving Jiangsu. In turn, the U.S. and defendant-intervenor Aluminum Association Trade Enforcement Working Group said that the factual records of the two proceedings are distinct; the former doesn’t cover all the issues involved in the latter.
Kelly agreed, saying that the exporters asked for a complete stay, but that wouldn’t resolve the separate rate issue raised in the current case. She also noted that they hadn’t indicated they would dismiss their surrogate selection claims if the earlier case was resolved in the government’s favor.
They also argued that the other parties wouldn’t be harmed by a stay, but this “ignores the ‘harm [ ] inherent in any denial of the right to proceed,’” she said.
“Granting a stay in this case serves no purpose other than to delay the resolution of this case,” Kelly said.