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Diamond Sawblades Manufacturers Coalition v. U.S., 10-1024

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By FindLaw Staff on December 09, 2010 3:42 PM

Antidumping case involving diamond sawblades from China and Korea

Diamond Sawblades Manufacturers Coalition v. U.S., 10-1024, concerned a challenge to 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.

In affirming, the court held that 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.  The court also held that 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.

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