Red Sun Farms v. United States, No. 20-2230 (Fed. Cir. 2022)
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“Red Sun Farms” is the trade name under which various entities do business as “U.S. producers of fresh tomatoes grown in the United States, U.S. importers and resellers of fresh tomatoes from Mexico, and foreign producers and exporters of fresh tomatoes from Mexico.”
Red Sun filed suit against the government based on an antidumping duty investigation to determine whether fresh Mexican tomatoes were being imported into the United States and sold at less than fair value. In its motion to dismiss, the government observed, with respect to the five identified entities doing business as “Red Sun Farms,” that “[i]t is unclear whether all of these parties possess standing or can be considered real parties in interest” and reserved its right to raise additional arguments on the subject. In a discovery filing, the government noted the varying singular/plural usage by Red Sun Farms and stated that “‘Plaintiff’ Red Sun Farms actually consists of several companies.”
The Federal Circuit reversed the dismissal of the suit. Red Sun challenged the Department of Commerce’s Final Determination resulting from a continued investigation under 19 U.S.C. 1516a(a)(2)(B)(iv); although no final antidumping order had been issued, its claims are not premature. Jurisdiction exists based on 28 U.S.C. 1516a(g)(3)(A)(i) and 1516a(a)(2)(B)(i).
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