AD/CV Decisions at the CIT in First Half of January 2010
The following summaries highlight decisions of the Court of International Trade in the first half of January 2010 involved antidumping or countervailing duty law:
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Court Makes 2002-2003 Chinese Mushrooms Remand Results Final
In a voluntary remand after the AD administrative review of mushrooms from China for the period February 1, 2002, through January 31, 2003, the ITA reversed its decision to apply an adverse facts available rate to Green Fresh (Zhangzhou) Co., Ltd., while for Gerber Food (Yunnan) Co., the agency restricted its application of adverse facts available to "those sales transactions for which Gerber continued to use Green Fresh invoices in order to avoid paying the proper antidumping duties," determining that 121.33% was the correct adverse rate. While affirming the remand redetermination, the court noted emphatically that it disagrees with the agency's "unnecessary" accompanying statements on the scope of the ITA's inherent authority. Gerber Food (Yunnan) Co., v U.S. et al, dated January 5, 2010, available at http://www.cit.uscourts.gov/slip_op/Slip_op10/10-2.pdf
Korean Corrosion-Resistant Flat Steel Results for 2005-2006 Upheld by CIT
Domestic producers challenged the final results of the AD administrative review of certain corrosion-resistant carbon steel flat products from Korea for the period August 2005 through July 2006. In calculating a dumping margin for Hyundai Hysco (0.53%), the ITA chose not to reduce the normal values (which would have increased the dumping margin) to reflect certain indirect U.S. selling expenses, though it had made such an adjustment in the two prior reviews. The court upheld the ITA's approach, however, noting that "the possibility of drawing two inconsistent conclusions from the evidence does not prevent an administrative agency's finding from being supported by substantial evidence.'" United States Steel Corp. and Nucor Corp. v. U.S. et al, dated January 11, 2010, available at http://www.cit.uscourts.gov/slip_op/Slip_op10/10-3.pdf