CIT Bars New Arguments in Byrd Amendment Mushrooms Claim

When the International Trade Commission surveyed domestic producers as part of its 1998-1999 AD duty injury determination investigations of preserved mushroom imports, Giorgio Foods, Inc. took no position on imports from China, Chile, and Indonesia, and opposed the petition with respect to India. Giorgio nevertheless challenged its exclusion from the list of “affected domestic producers” eligible to share in disbursements under the Continued Dumping and Subsidy Offset Act (CDSOA, commonly referred to as the Byrd Amendment). Now the Court of International Trade has denied Giorgio’s requests to amend its claim against the ineligibility rulings by the ITC and by U.S. Customs and Border Protection, and to add “due process“ and money damages claims. The court noted that the purpose of the statute is quite clear, “to bar opposers of AD investigations from securing payments” under the CDSOA. The CIT did permit Giorgio to withdraw two previous claims based on First Amendment and Equal Protection arguments, to “streamline” the case. (Slip Op. 11-139, dated 11/17/11)