CIT Partially Remands Injury Finding on Freight Rail Couplers in Confidential Decision
The Court of International Trade partially remanded the International Trade Commission's injury investigation on freight rail couplers from China in a confidential decision issued Oct. 8. Judge Gary Katzmann held oral argument in the case in July, questioning attorneys as to whether it was lawful for the ITC to open an injury investigation two months after reaching a negative injury finding for the same imports (see 2507070056) (Wabtec Corp. v. United States, CIT Consol. # 23-00157).
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In 2022, the commission initially determined that Chinese freight rail couplers imported during the 2019-21 period weren't injuring the domestic industry. However, new petitions were quickly filed covering freight rail couplers from both China and Mexico, which led to an affirmative injury determination (see 2309130033).
The case involves both procedural and substantive claims against the injury investigation, including the claim that imports from a country subject to a negative injury determination can't be cumulated with other imports for another investigation. In a text-only order, Katzmann said the injury determination is sustained in part and remanded in part. No indication was made of when the decision would be publicly released.