CIT Dismisses Customs Case for Lack of Jurisdiction, Upholds AD Review in 2 Opinions

The Court of International Trade issued a pair of opinions on March 10. In one, brought by Printing Textiles, Judge Timothy Stanceu dismissed the customs action for lack of subject matter jurisdiction. The company filed the case under Section 1581(i), the court's "residual" jurisdiction, challenging CBP's denial of its protests on its Canvas Banner Matisse coated fabric. Printing Textiles said that the entries weren't subject to the antidumping order and that the Commerce Department had initiated a scope request on the company's imports. Stanceu said jurisdiction could have been available under Section 1581(a) or Section 1581(c) should Commerce find the imports to be in the scope of the order.

Judge Leo Gordon, in the second opinion, upheld Commerce's remand results in an AD review on solar cells from China. The agency included certain sales from respondent Inventec Solar Energy Corp. as U.S. sales, since the exporter had constructive knowledge that the sales were destined for the U.S.