In United States' challenge to the Court of International Trade's (CIT) jurisdiction to hear the Commerce's refusal to undertake a second changed circumstances review involving an antidumping duty order covering extruded rubber thread from Malaysia, judgment of the CIT is affirmed in part, reversed in part, and vacated in part where: 1) the CIT had jurisdiction over North American Rubber Thread's (NART) challenge but not the foreign industry's challenge; and 2) NART was judicially estopped from challenging an October 1, 1995 effective date, given its earlier argument to Commerce that a revocation date of October 1, 1995 was inappropriate.
Appealed from: United States Court of International Trade
Decided February 1, 2010
Opinion by Michel, Chief Judge
For Appellee: Patricia M. McCarthy, US Department of Justice, Commercial Litigation Branch