CIT Dismisses Case on AD Cash Deposit Instructions

The Court of International Trade in a Jan. 25 opinion dismissed a case from J.D. Irving on the Commerce Department's cash deposit instructions to CBP after the 2019 administrative review of the antidumping duty order on softwood lumber products from Canada. Judge Timothy Reif said that the court did not have subject-matter jurisdiction to hear the case under Section 1581(i), the court's "residual" jurisdiction, because jurisdiction would have been available under Section 1581(c), "but for the decision" by parties involved to request a binational panel review of the AD review under the USMCA. The true nature of the case challenges Commerce's final results in the review and not the cash deposit instructions, the judge said.