AD/CVD Court Decisions in Second Half of May 2010
The Court of International Trade and the Court of Appeals for the Federal Circuit decided the following antidumping and countervailing duty law determinations in the second half of May 2010.
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High Adverse AD Rate for Uncooperative Thai Poly Bags Maker is Upheld
An importer of merchandise made by a Thai company that twice declined to cooperate with the ITA’s administrative reviews of polyethylene retail carrier bags from Thailand sued over the 122.88% AD duty rate that the ITA assigned the manufacturer (King Pac). Reasoning that the respondent presumably would cooperate and provide up-to-date information if it merited a lower AD rate, the CAFC upheld the 122.88% rate, with one dissenting opinion arguing for basing the adverse rate on more up-to-date prices to account for changing price trends. KYD, Inc. v. U.S. et al.
Court Reiterates: ITA’s 15-day Liquidation Instructions Interval is “Unlawful”
A principal complaint in the lawsuit by SKF USA Inc. et al over the final results of the AD administrative review of ball bearings from France, Germany, Italy, Japan, & the U. K. for the period May 1, 2007 through April 30, 2008 is against the ITA’s issuance of liquidation instructions 15 days after the publication of final results, a policy the court has already twice declared unlawful. The ITA sought to dismiss this complaint since the entries in question have not yet been liquidated, but the court denied the motion. SKF USA et al v. US et al.
Chinese Furniture Makers Prevail Against Late Corrections of AD Rates
In the administrative review of wooden bedroom furniture from China for the period January 1, 2006 through December 31, 2006, the ITA erroneously calculated assessment rates lower than it intended for some firms, then, catching the error months after litigation in the case had been voluntarily dismissed, attempted to issue revised liquidation instructions for unliquidated entries, and reliquidation instructions for previously liquidated entries. Importers sued to make the ITA and Customs and Border Protection leave the earlier, erroneous assessment rates in place, and have now prevailed: the ITA must make such corrections “before the final results are no longer subject to judicial review.” American Signature Inc. v. U.S.
Korean Steel Pipe Maker Gains Partial Remand in Cost Test Procedures
Following a challenge by SeAH Steel Corporation to the final results of the AD administrative review of certain welded carbon steel pipes from Korean for the period December 1, 2006 through November 31, 2007, the CIT upheld the ITA’s use of a quarterly cost averaging period and quarterly sales data, but remanded to the agency four additional cost-test methodology issues, requiring greater explanation and documentation of the ITA’s calculations. Seah Steel Corp. v. U.S. et al.
Vietnamese Fish Exporter is Denied Separate Rate, But Allowed to Continue Suit
In a prior ruling on the final results of the AD administrative review of certain frozen fish fillets from Vietnam for the period August 1, 2007 through July 31, 2008, the CIT determined that East Sea Seafoods LLC was not the successor-in-interest to a firm that previously held a separate (individually calculated) rate, but also instructed the ITA to consider whether the new firm was independent of government control. Now, the CIT held that on the basis of the incomplete sales documents available, East Sea was not entitled to a separate rate. However, the court will allow additional argument. East Sea Seafoods LLC v. U.S. et al.