CIT Denies Motion to Allow Liquidation in Korea Diamond Sawblades

The Court of International Trade denied a motion by two Korean producer/exporters to amend a preliminary injunction against liquidation of entries of merchandise subject to the revoked antidumping duty order on diamond sawblades and parts thereof from Korea in order to permit liquidation of subject merchandise entered on or after the effective date of revocation of the order. In the same opinion, the CIT also allowed the domestic plaintiffs (Diamond Sawblades Manufacturing Coalition) to amend their complaint in the case, as the ITA’s final section 129 determination for diamond sawblades from Korea altered the effect of the results of the AD final determination at issue in the litigation.

(On October 28, 2011 the ITA revoked the AD duty order on diamond sawblades from Korea (A-580-855) due to zero rates found for all producers in a recalculation of the AD rates of the final determination in its section 129 proceeding regarding zeroing. See ITT’s Online Archives 11102822 for summary of the ITA’s revocation of the AD duty order on diamond sawblades from Korea, in which, despite revocation, the ITA did not instruct U.S. Customs and Border Protection to liquidate entries of subject merchandise due to outstanding legal action. See also 11110708 for summary of CIT granting of this preliminary injunction against liquidation of entries of merchandise subject to the AD order on Korean diamond sawblades.)

(Slip Op. 12-46, dated 03/29/12, Judge Musgrave)