CIT Rules Itochu Waived Relief in Dispute over China Steel Nails Revocation Date

In a challenge of the effective date of a partial revocation for certain types of nails that resulted from a changed circumstances review of the antidumping duty order on certain steel nails from China (A-570-909), the Court of International Trade denied plaintiff Itochu’s motion for an earlier effective date because it didn’t exhaust its administrative remedies. Although Itochu, a U.S. importer of nails from China, argued for the earlier effective date before the preliminary determination was issued, it did not file comments on the preliminary determination itself.

All parties participating in the changed circumstances review requested the effective date of revocation for four types of nails from China be set for Jan. 23, 2008. But in its preliminary determination, the International Trade Administration said it would partially revoke the order effective Aug. 1, 2009. After no parties submitted comments disputing the 2009 effective date, the ITA reasonably presumed that “Itochu no longer objected to the decision to make the partial revocation effective as of August 1, 2009 rather than January 23, 2008.” By failing to comment on the preliminary determination, Itochu waived any claims pertaining to the ITA’s choice of effective date for partial revocation, CIT said.

(Itochu Building Prods. v. United States, CIT Slip Op. 12-122, dated 09/19/12, Judge Stanceu)

(Attorneys: Ned Marshak of Grunfeld Desiderio for plaintiff Itochu; Carrie Dunsmore for defendant U.S. government)