CIT Asks for Joint Report on US Producer's Standing to Challenge Pencil AD Review Recission
Court of International Trade Judge Mark Barnett stayed Oct. 31 a case brought by Aloha Pencil Company opposing the recission of an antidumping duty review on cased pencils from China. He said he wants a joint status report from Aloha and the government regarding whether the trade court has subject matter jurisdiction over the case (Aloha Pencil Company v. United States, CIT # 25-00102).
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He noted that the case was brought under 28 U.S.C. 1581(c), with further citation to 1516a(a). But it isn’t clear that Aloha is an interested party that could bring its case under 1581(c), as Commerce had actually determined Aloha didn’t produce domestic like product during the review period. And the latter provision only deals with the Commerce Department’s ability to undertake, and publish the results of, an AD review -- not to entirely rescind one, he said.
The parties need to file a report explaining whether 1581(c) is the right jurisdictional provision under which to bring the case and whether, under it, Aloha has standing, he said.
He set the deadline for the report at “no later than 30 days after the date on which Congress appropriates funds for the U.S. Department of Justice and Commerce to resume operations.”