United States Government Publishing Office publisher pbl distributor dst United States United States Court of International Trade author aut Government Organization text government publication eng USCOURTS Judicial Publications judicial 2025-05-09 Administrative Office of the United States Courts 2025-05-06 monographic deposited born digital 57 digital object pages JU 9.5: https://www.govinfo.gov/app/details/USCOURTS-cit-1_20-cv-03837 P0b002ee1d2a03fcf DGPO 2025-05-09 2025-05-09 USCOURTS-cit-1_20-cv-03837 machine generated eng fdlp USCOURTS USCOURTS-cit-1_20-cv-03837 National cit Federal 4004 1:20-cv-03837 New York civil 1581c 28USC1581(c) Antidumping or Countervailing Duty Determination(s) 1:20-cv-03837 https://www.govinfo.gov/app/details/USCOURTS-cit-1_20-cv-03837 JU 9.5: 1:20-cv-03837;1:20-cv-03837 United States Court of International Trade Federal Circuit New York U.S. Courts author aut Bonney Forge Corporation Bonney Forge Corporation Plaintiff Shakti Forge Industries Pvt. Ltd Shakti Forge Industries Pvt. Ltd Defendant-Intervenor United States United States Defendant United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union Plaintiff USCOURTS USCOURTS-cit-1_20-cv-03837 National cit Federal 4004 1:20-cv-03837 New York civil 1581c 28USC1581(c) Antidumping or Countervailing Duty Determination(s) Order entered on 2/2/2022, Slip-Op. 22-8: Granting Plaintiffs' Motion for Judgment on the Agency Record and remanding to Commerce with instructions to perform verification or respond on the record to Plaintiffs' argument. It is ORDERED that Plaintiffs' Motion for Judgment on the Agency Record is GRANTED; The Court REMANDS the case for up to 150 days initially for Commerce to reconsider its decision on verification, consistent with this opinion, and place its reasons supporting its decision on the record, and it is ORDERED that at the conclusion of 150 days, Commerce should either file its remand results with the Court or file a motion for extension of time if a longer period is necessary. It is also ORDERED that within 10 days of Commerce's filing the remand redetermination, the parties shall confer and file a proposed briefing schedule with the Court on any remaining issues. (related document(s)25, 23). (Chien, Jason) 0 2022-02-02 D09002ee1d2a1b440 https://www.govinfo.gov/app/details/USCOURTS-cit-1_20-cv-03837/USCOURTS-cit-1_20-cv-03837-0 cit-1_20-cv-03837_0.pdf https://www.govinfo.gov/app/details/USCOURTS-cit-1_20-cv-03837/USCOURTS-cit-1_20-cv-03837-0 https://www.govinfo.gov/content/pkg/USCOURTS-cit-1_20-cv-03837/pdf/USCOURTS-cit-1_20-cv-03837-0.pdf USCOURTS 1:20-cv-03837; Bonney Forge Corporation et al v. United States; United States Court of International Trade USCOURTS-cit-1_20-cv-03837-0 0 2022-02-02 Order entered on 2/2/2022, Slip-Op. 22-8: Granting Plaintiffs' Motion for Judgment on the Agency Record and remanding to Commerce with instructions to perform verification or respond on the record to Plaintiffs' argument. It is ORDERED that Plaintiffs' Motion for Judgment on the Agency Record is GRANTED; The Court REMANDS the case for up to 150 days initially for Commerce to reconsider its decision on verification, consistent with this opinion, and place its reasons supporting its decision on the record, and it is ORDERED that at the conclusion of 150 days, Commerce should either file its remand results with the Court or file a motion for extension of time if a longer period is necessary. It is also ORDERED that within 10 days of Commerce's filing the remand redetermination, the parties shall confer and file a proposed briefing schedule with the Court on any remaining issues. (related document(s)25, 23). (Chien, Jason) Order entered on 8/21/2023, Slip-Op. 23-120: Remanding to Commerce to consider reliance interests and alternatives. The Court REMANDS the case for up to 150 days for Commerce to reconsider its decision on verification, consistent with this opinion, and place its reasons supporting its decision on the record; and it is ORDERED that, at the conclusion of 150 days, Commerce should file its Second Remand Redetermination with the Court. It is also ORDERED that Defendant shall supplement the administrative record with all documents considered by Commerce in reaching its decision in the Second Remand Redetermination; and it is further ORDERED that Plaintiffs shall have 30 days from the filing of the Second Remand Redetermination to submit comments to the Court; ORDERED that Defendant shall have 15 days from the date of Plaintiffs' filing of comments to submit a response; and ORDERED that Defendant-Intervenor shall have 15 days from the date of Defendant's filing of comments to submit a response. (related document(s) 61, 65, 72, 73, 78, 79) (Chien, Jason) 1 2023-08-21 D09002ee1d2a1b441 https://www.govinfo.gov/app/details/USCOURTS-cit-1_20-cv-03837/USCOURTS-cit-1_20-cv-03837-1 cit-1_20-cv-03837_1.pdf https://www.govinfo.gov/app/details/USCOURTS-cit-1_20-cv-03837/USCOURTS-cit-1_20-cv-03837-1 https://www.govinfo.gov/content/pkg/USCOURTS-cit-1_20-cv-03837/pdf/USCOURTS-cit-1_20-cv-03837-1.pdf USCOURTS 1:20-cv-03837; Bonney Forge Corporation et al v. United States; United States Court of International Trade USCOURTS-cit-1_20-cv-03837-1 1 2023-08-21 Order entered on 8/21/2023, Slip-Op. 23-120: Remanding to Commerce to consider reliance interests and alternatives. The Court REMANDS the case for up to 150 days for Commerce to reconsider its decision on verification, consistent with this opinion, and place its reasons supporting its decision on the record; and it is ORDERED that, at the conclusion of 150 days, Commerce should file its Second Remand Redetermination with the Court. It is also ORDERED that Defendant shall supplement the administrative record with all documents considered by Commerce in reaching its decision in the Second Remand Redetermination; and it is further ORDERED that Plaintiffs shall have 30 days from the filing of the Second Remand Redetermination to submit comments to the Court; ORDERED that Defendant shall have 15 days from the date of Plaintiffs' filing of comments to submit a response; and ORDERED that Defendant-Intervenor shall have 15 days from the date of Defendant's filing of comments to submit a response. (related document(s) 61, 65, 72, 73, 78, 79) (Chien, Jason) Order entered on 5/6/2025, Slip-Op. 25-56: Sustaining Commerce's Remand Determination. The third time proved to be the charm. Commerce satisfied Plaintiffs' reliance interests by completing an in-person verification. Although Plaintiffs complain that Commerce could have found errors if it had continued searching, verification is not an unending haystack search for a needle. No statute or case law requires Commerce to continue digging after it has completed a spot check. Neither will this Court do so. Commerce's Second Remand Determination is SUSTAINED. (related document(s)90, 97, 105, 102, 116, 104, 100, 115, 103, 91, 96) (Chien, Jason) 2 2025-05-06 D09002ee1d2a1b442 https://www.govinfo.gov/app/details/USCOURTS-cit-1_20-cv-03837/USCOURTS-cit-1_20-cv-03837-2 cit-1_20-cv-03837_2.pdf https://www.govinfo.gov/app/details/USCOURTS-cit-1_20-cv-03837/USCOURTS-cit-1_20-cv-03837-2 https://www.govinfo.gov/content/pkg/USCOURTS-cit-1_20-cv-03837/pdf/USCOURTS-cit-1_20-cv-03837-2.pdf USCOURTS 1:20-cv-03837; Bonney Forge Corporation et al v. United States; United States Court of International Trade USCOURTS-cit-1_20-cv-03837-2 2 2025-05-06 Order entered on 5/6/2025, Slip-Op. 25-56: Sustaining Commerce's Remand Determination. The third time proved to be the charm. Commerce satisfied Plaintiffs' reliance interests by completing an in-person verification. Although Plaintiffs complain that Commerce could have found errors if it had continued searching, verification is not an unending haystack search for a needle. No statute or case law requires Commerce to continue digging after it has completed a spot check. Neither will this Court do so. Commerce's Second Remand Determination is SUSTAINED. (related document(s)90, 97, 105, 102, 116, 104, 100, 115, 103, 91, 96) (Chien, Jason)