CIT Says Firm that Withdrew from China Magnesia Bricks AD Investigation Has No Standing to Sue
Vesuvius USA Corp. was rebuffed in an attempt to participate in a legal challenge to the AD duty order effective September 20, 2010 on certain magnesia bricks from Mexico and China. Vesuvius had earlier filed an appearance as a voluntary…
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respondent, then withdrew from participation in the investigation. The court ruled the company had no standing, since by not participating in the investigation it had failed to exhaust its administrative remedies. The court further noted that merely filing an entry of appearance and an administrative protective order (the latter serves to protect the confidentiality of business information of participants in investigations and reviews) does not constitute participation sufficient to grant standing. (Note that there is also a companion CV duty order.) (Slip Op. 11-12, dated 01/31/11)