Glycine Importer Seeks to Add Former Scope Ruling Application to Case Record
A plaintiff and glycine importer filed a brief June 13 at the Court of International Trade supporting inclusion into its case’s record a prior August 2033 scope ruling application, made by the plaintiff and denied by the Commerce Department, that the plaintiff said provided important context for its overall case (Deer Park Glycine v. U.S., CIT # 24-00016).
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
“By completing the record with Plaintiff’s August 2023 application, the Court will have the same context the agency decision-makers had when they devised the Determination Not to Initiate [a scope inquiry] in December 2023,” importer Deer Park Glycine said.
It also said that the August application demonstrates how an October 2023 scope ruling "was reactive in nature -- not proactive."
“Stated differently, but for the August 2023 application, Commerce would never have issued the October 2023 scope ruling,” it said.
Overall, it said, the application should be included in the record because it provided important background information and would help the court to better understand the issue.
It said the government was wrong that the application wasn’t an important part of the overall history of the proceedings.
“Each and every document that Defendant claims should be included in the record references the Plaintiff’s August 2023 application,” it said.