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CIT Denies Motion to Stay AD/CVD Injury Case on Large Residential Washers

The Court of International Trade denied on Nov. 6 an attempt by LG Electronics to put on hold a case on the International Trade Commission's antidumping and countervailing duty injury determination on large residential washers from South Korea and Mexico. LG Electronics wanted the case delayed while CIT considered a separate lawsuit on the Commerce Department's determinations from the same investigation. It argued that if the court remanded and Commerce came back with low AD/CV duty rates, it could affect the ITC's consideration. But the court found the potential upside of LG's Commerce Department challenge to be uncertain -- even if Commerce reduced its rates to zero, there is no guarantee the ITC would change its injury determination -- to justify the potentially years-long delay that would result from waiting on the outcome of the Commerce case.

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(LG Electronics, Inc. v. U.S., Slip Op. 13-136, dated 11/06/13, Judge Kelly)