Exporters to Appeal CIT Decision on Jurisdiction to Hear Claim on Withdrawal From AD Suspension Deal
Tomato exporters Bioparques de Occidente and Agricola La Primavera and wholesaler Kaliroy Fresh will appeal a May Court of International Trade opinion that affirmed the U.S. Court of Appeals for the Federal Circuit's dismissal of one count of its case…
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challenging the Commerce Department's decision to resume an antidumping duty investigation following the termination of a suspension agreement. The claim concerned Commerce's withdrawal from a previous suspension agreement and claimed jurisdiction under Section 1581(i). While the trade court said it had jurisdiction to hear the claim, the appellate court already dismissed the challenge on substantive grounds (see 2305010071). Per the notice of appeal, the companies will take the case back to the Federal Circuit (Bioparques de Occidente, et al. v. United States, CIT # 20-00035).