AD/CVD Court Decisions in Second Half of February, Etc.

Furniture AD Suit Clarifies Start of Six-month "Deemed Liquidation" Interval

In a recent suit following the AD administrative review of wooden bedroom furniture from China for the period January 1 through December 31, 2007, domestic producers sought to prevent importers from benefiting from "deemed liquidation" at the cash deposit rates in effect during the review period rather than at the higher rates determined in the review. The ITA and U.S. Customs and Border Protection confirmed for the court that when final results are altered by amended final results, the six-month deadline for the ITA to issue new liquidation instructions begins on the effective date of the amended results. American Furniture Manufacturers Committee for Legal Trade et al. v. U.S., decided February 16, 2010, available at http://www.cit.uscourts.gov/slip_op/Slip_op10/10-18.pdf

CIT Upholds ITA's Methodology in Thai Shrimp 2006-2007 AD Review

U.S. shrimp producers contested the ITA's methods and procedures in the AD administrative review of certain warmwater shrimp from Thailand for the period February 1, 2006 through January 31, 2007, including the selection of only four representative respondent companies out of 142, and the use of letters to the parties to give notice of changed decisions following the preliminary results. The court upheld all of the ITA's steps except its refusal to grant "constructed export price" (CEP) price adjustments to one Thai exporter. Ad Hoc Shrimp Trade Action Committee v. U.S. and Pakfood Public Co. Ltd. et al., decided December 29, 2009, public version posted January 27, 2010, available at http://www.cit.uscourts.gov/slip_op/Slip_op09/Slip%20Op%2009-151%20%5BPUB%5D.pdf

U.S. Paper Makers Rebuffed in Suit Over Lined-Paper AD Review Results

Alleging deception on the part of the foreign respondents, domestic producers sought to supplement the record of the first AD administrative review of certain lined paper from China, for the period April 17, 2006 through August 31, 2007. The court denied the request, noting that the information at issue had been publicly available since before the review, and that the domestic parties had already had, and used, nine occasions to submit information or comments. Association of American School Paper Suppliers v. U.S. et al, decided January 25, 2010, public version posted February 18, 2010, available at http://www.cit.uscourts.gov/slip_op/Slip_op10/10-07%20pub.pdf

Ecuadoran Shrimp AD Review Results Allowed to Stand

Domestic shrimp producers sued over the results of the second AD administrative review of certain frozen warmwater shrimp from Ecuador, for the period February 1, 2006 through January 31, 2007, contesting the use of raw material cost information for shrimp products submitted by respondent Oceanvest, S.A., but the court declined to remand the issue to the agency for further consideration. Ad Hoc Shrimp Trade Action Committee v. U.S. and Oceanvest, S.A., decided October 30, 2009, public version posted January 21, 2010, available at http://www.cit.uscourts.gov/slip_op/Slip_op09/09.126.pdf

Adverse AD Rate for Spanish Stainless Steel Bar Maker Upheld

In the AD administrative review of stainless steel bar from Spain for the period March 1, 2005 through February 28, 2006, the ITA determined that respondent Sidenor "demonstrated a consistent pattern of non-responsiveness, providing confusing, incomplete, and inconsistent information," and assigned the Spanish company an adverse rate of 62.85%, the highest rate found in the original investigation. The court upheld the ITA's results entirely. Sidenor Industrial SL v. U.S. and Carpenter Technology Corp. et al., decided October 30, 2009, public version posted November 16, 2009, available at: http://www.cit.uscourts.gov/slip_op/Slip_op09/09-127%20public.pdf

Court Stands by ITC's Injury Determination in Lightweight Thermal Paper

German producer/exporter Koehler sought a review of the U.S. International Trade Commission's November 20, 2008 determination that the domestic producers of certain light weight thermal paper are threatened with material injury by reason of imports from Germany. However, the court declined to "reweigh evidence that the ITC has the discretion to interpret," and affirmed the ITC determination in all respects. Papierfabrik August Koehler AG and Koehler America, Inc. et al., v. U.S. et al., decided November 17, 2009, public version posted January 12, 2010, available at:http://www.cit.uscourts.gov/slip_op/Slip_op09/09-132.pdf

ITA to Recalculate Russian Magnesium AD Cost Calculations, etc.

In the AD administrative review of Russian magnesium for the period April 1, 2006 through March 31, 2007, a Russian producer/exporter challenged the ITA's allocation of production costs, and its refusals to grant CEP price offsets or to accept an affidavit from an accounting expert, among other issues. The court affirmed the ITA's refusal to grant a CEP offset to U.S. prices, ordered the agency to admit and fully consider the accounting expert's affidavit, and reserved the remaining issues for adjudication after remand. PSC VSMPO-Avisma Corporation et al. v. U.S. et al., decided October 20, 2009, public version posted October 26, 2009, available at: http://www.cit.uscourts.gov/slip_op/Slip_op09/Slip-Op%2009-120%20Public.pdf