CIT Dismisses AD/CV Review Request Procedure Challenge for Lack of Jurisdiction

A general challenge of the International Trade Administration’s alleged failure to require explanations from petitioners for review requests and withdrawals of review requests in antidumping and countervailing duty proceedings was dismissed by the Court of International Trade because of lack of subject matter jurisdiction.

Chinese plaintiff Jinan Farmlady Trading Co. filed its complaint under 28 USC 1581(i), which grants CIT jurisdiction over certain general trade-related civil actions (as opposed to the jurisdiction over certain trade-related civil actions seeking review of specific agency decisions granted to CIT by 28 USC 1581(a)-(h)).

CIT Says Plaintiff’s Complaint Should be Instead Properly Filed Under a Specific Jurisdiction Provision

CIT noted that plaintiff’s action challenged specific ITA decisions in a specific proceeding (the final results the 2008-09 AD administrative review of fresh garlic from China (A-570-831). CIT said that subsection 1581(i) only grants general jurisdiction if the agency determination is not reviewable under the subsections granting jurisdiction over specific agency decisions (i.e., subsections 1581(a)-(h)).

CIT said that, as plaintiff only challenged the specific agency decisions from the 2008-09 AD review, then CIT does not have subject matter jurisdiction under subsection 1581(i). According to CIT, plaintiff’s complaint would instead have been properly filed under 28 USC 1581(c), which grants CIT jurisdiction over specific ITA decisions in AD/CV proceedings.

Therefore, CIT dismissed the action in entirety for lack of jurisdiction.

(CIT Slip Op. 12-58, dated 04/26/12, Judge Tsoucalas)