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CIT Denies 2 Challenges Over On-Site Verification for Failure to Exhaust Administrative Remedies

The Court of International Trade in a Nov. 8 opinion denied a motion for judgment from plaintiffs, led by Ellwood City Forge Co., in a case challenging the Commerce Department's antidumping duty investigation into forged steel fluid end blocks from Germany. The plaintiffs challenged Commerce's decision to use verification in lieu of on-site verification. Judge Stephen Vaden ruled that Ellwood City failed to exhaust its administrative remedies over this challenge, thus denying Ellwood City's motion.

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In a second opinion issued Nov. 8, Vaden made a nearly-identical ruling in a similar case brought Ellwood City. The judge denied the plaintiffs' motion for reconsideration after the court previously rejected the plaintiffs' challenge to the use of questionnaires instead of on-site verification. Vaden again cited Ellwood City's failure to exhaust administrative remedies.