Desert Glory, Ltd. v. United States

OPINION

RIDGWAY, Judge.

In this action, plaintiff Desert Glory, Ltd. — a Mexican producer and exporter, and a U.S. importer, of cocktail tomatoes-seeks to contest a December 2002 “scope determination” by the U.S. Department of Commerce, in which Commerce ruled that cocktail tomatoes are covered by the pending antidumping investigation of fresh tomatoes from Mexico initiated in 1996.

The Government has moved to dismiss the case, 1 asserting that the court lacks subject matter jurisdiction because Desert Glory failed to give the timely notice of intent to commence judicial review required under…