CIT Says Jurisdiction Exists to Challenge AD Investigation Under Suspension Agreement

The Court of International Trade granted in part and remanded in part motions by the U.S. and petitioner Florida Tomato Exchange to dismiss challenges to several Commerce Department actions around the antidumping duty investigation on tomatoes from Mexico, and subsequent suspension agreements. Following a U.S. Court of Appeals for the Federal Circuit opinion in the case, Judge Jennifer Choe-Groves said the court has jurisdiction to hear claims challenging the AD investigation, which is under a suspension agreement, but does not have jurisdiction to hear a challenge to Commerce's decision to terminate a suspension agreement.