M S International, Inc. v. United States, No. 21-1679 (Fed. Cir. 2022)Annotate this Case
In parallel antidumping and countervailing duty investigations of quartz surface products from China, the Department of Commerce amended the scope of its investigations to prevent producers and exporters in China from evading its orders by using glass in place of quartz. Bruskin challenged Commerce’s authority to modify the scope of the investigation and to do so without a hearing. Bruskin also challenged the factual findings that led Commerce to modify the scope of its investigations.
The Trade Court and Federal Circuit affirmed. Commerce has the discretion to set the scope of its investigations. Bruskin’s hearing request was untimely, and substantial evidence supports Commerce’s factual findings.