CIT Rules ITC Must Release Docs to See if Domestic Grower Eligible for AD Byrd Monies

Seeking to challenge its failure to be awarded status as an affected domestic producer (ADP), which would entitle it to distributions of antidumping duties under the Continued Dumping and Subsidy Offset Act of 2000 (CDSOA aka Byrd Amendment), Giorgio Foods, Inc. sued to attempt to force the International Trade Commission to provide documents from the AD injury investigations on certain preserved mushrooms from Chile, China, India, and Indonesia. The ITC argued that “Giorgio was not a petitioner in the investigations and did not express support for the petition in its questionnaire response,” and thus did not qualify as an ADP, but the company alleged that documents from the investigation, as yet not divulged by the agency, would show it had supported the petition. The Court of International Trade ruled in favor of the domestic grower, ordering the ITC to provide the full set of documents considered directly or indirectly in the investigation. (Slip Op. 11-27, dated 03/08/11, public version posted 04/08/11)