CIT Denies Stay in New Challenge to Zeroing in AD Reviews

Two companies with a challenge to the International Trade Administration’s practice of zeroing (eliminating non-dumped sales from the margin calculation) pending at the Court of International Trade sought to delay the adjudication of their case until four other cases that address the same issue, and that are at a more advanced stage, are definitively resolved. The companies, Myonic GmbH and New Hampshire Ball Bearings, Inc., argued that a stay would “promote judicial economy and enable all parties to conserve resources.”

The government, as defendant, argued in response that 1) there is not yet a case on point pending at the United States Court of Appeals for the Federal Circuit; 2) the results of other litigation occurring at the CIT itself would not serve as binding precedents; 3) a stay would needlessly delay resolution of the case and 4) it is speculation to assume the other zeroing cases pending would reach a final, appellate-court level resolution before the Myonic/New Hampshire Bearings case could do so.

The CIT agreed with the government’s arguments and denied the motion for a stay.

(See ITT’s Online Archives 11040408 for summary of CAFC decision questioning the ITA’s continued use of zeroing in administrative reviews after ending the practice in investigations, in Dongbu Steel Co., Ltd. et al. v. U.S. et al.)

(Slip Op. 11-151, dated 12/6/11)