CIT Remands Parts, Sustains Parts of AD Case, Stays Pending Resolution of 'Stupp' Decision

The Court of International Trade in a Feb. 8 confidential order sustained in part and remanded in part the Commerce Department's findings in an antidumping duty proceeding on thermal paper from Germany. In a letter, Judge Gary Katzmann gave the litigants until Feb. 12 to review the confidential information in the opinion ahead of issuing the public version of the decision (Mantra Americas v. United States, CIT Consol. # 21-00632).

A summary of the confidential order in the docket said Commerce's subsequent remand will "await the resolution of appellate proceedings in Stupp Corp. v. United States," a case that will decide whether the agency can use the Cohen's d test in identifying "masked" dumping.

The suit was brought by exporters and concerned the use of the d test.