CIT Denies Exporters' Bid to Partially Dissolve Injunction in AD Suit, Sustains CVD Review

The Court of International Trade in a Dec. 19 opinion denied two quartz surface product exporters' bid to partially dissolve an existing injunction on liquidation after finding the companies did not make a "sufficient showing" for the motion. Concurrently, Judge Mark Barnett denied antidumping petitioner Cambria's motion for an injunction on liquidation, which was filed following the consolidation of its action with the exporters' suit so the relevant entries would be covered if the judge granted the motion to dissolve. Barnett denied Cambria's motion related to the entries for which liquidation is currently enjoined since he denied the motion to dissolve the injunction. The judge also denied Cambria's motion in relation to the entries not currently enjoined because the motion was untimely filed.

In a separate opinion, Judge Jane Restani sustained Commerce's third remand results in a case on the sixth administrative review of the countervailing duty order on solar cells from China. Because all parties agreed that the remand results, in which the agency reverted to a previously used land benchmark calculation, complied with the law, the judge upheld the case.