United States Federal Circuit
Diamond Sawblades Manufacturers Coalition v. U.S., 10-1024
The Court of International Trade's order issuing a writ of mandamus to the Department of Commerce directing it to issue antidumping duty orders and require the collection of cash deposits on certain diamond sawblades imported from China and Korea is affirmed where: 1) the Court of International Trade did not abuse its discretion in ordering Commerce to publish antidumping duty orders upon receipt of notice from the International Trade Commission of final affirmative injury determination; and 2) the statutory scheme imposes a mandatory duty on Commerce to issue antidumping duty orders covering the subject entries upon being notified of the Commission's final determination, and in light of Commerce's breach of its breach of its clear statutory duty to issue antidumping duty orders and begin collecting cash deposits, a breach not remediable in any other manner, the Court of International Trade properly issued a writ of mandamus to compel Commerce to comply with its obligations under the statute.
Appellate Information
- Decided 12/09/2010
- Published 12/09/2010
Judges
Court
- United States Federal Circuit
Counsel
- For Appellant:
- Daniel B. Pickard, Delisa M. Sanchez