AD/CVD Court Decisions in the First Half of December 2010
The Court of International Trade (CIT) and the Court of Appeals for the Federal Circuit (CAFC) made, or made public, the following antidumping and countervailing duty law determinations in the first half of December 2010.
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ITA’s Rejection of Chinese Garlic Sale as Non Bon-Fide Sustained at CIT
At the request of Chinese producer Shandong Chenhe International Trading Co., Ltd., the ITA performed a new shipper review of that company’s single U.S. sale of fresh garlic from China in the review period November 1, 2006 through April 30, 2007. In its final results the agency revoked the review, having determined that the sale was not bona-fide based on the entry’s high price, low quantity, and dissimilarity to other import purchases by the same U.S. customer. The CIT sustained the ITA’s final determination, denying a challenge from the Chinese producer. (Slip-Op. 10-129, dated 11/22/10, public version posted 12/06/10)
AD Duties Set by Entry Summary Date in CIT Ruling on Ball Bearings
FAG Holding Corporation made two entries subject to the AD order on ball bearings, cylindrical roller bearings and spherical plain bearings from Canada on April 20 and 21, 1992. The merchandise was released under a special permit for immediate delivery, and entry summaries were filed with Customs on May 4 and 5, 1992. Customs later liquidated the entries at a rate of 25.62% ad valorem, the rate in effect on the date the entry summaries were filed, which happened to fall in a subsequent AD review period that began May 1, 1992 ( the rate in effect during the prior period was only 3.9%). The court ruled that Customs correctly identified the entry date as the date the entry summaries were filed, and dismissed the importer’s challenge of the higher-rate liquidation. (Slip-Op. 10-132, dated 12/08/10)
CIT Rules Sunset Review Should Consider Effects of Non-Subject Ball Bearings
The sunset review by the U.S. International Trade Commission’s (ITC) of AD duty orders on ball bearings from France, Germany, Italy, Japan, and the United Kingdom came before the CIT for the fifth time, and again the court chastised the agency for failure to support its determination with substantial evidence. In a new, fourth remand, the court upheld the ITC’s conclusion that ball bearing imports from the UK would not injure the domestic U.S. industry, but also ordered the ITC to, among other tasks, give greater consideration to non-subject imports (imports not covered by AD orders) and to assess whether cumulated subject imports likely will have a significant adverse impact on the U.S. ball bearings industry if no AD order is kept in place. (Slip-Op. 10-133, dated 12/09/10)
CAFC Says to Collect AD Deposits for Sawblades from China and Korea Despite Chance of Appeal
The CAFC ruled that the CIT was correct to instruct the ITA, through a mandamus order, that the agency publish AD orders and begin collecting AD cash deposits for diamond saw blades from China and Korea, following the ITC’s injury determination on remand, and notwithstanding the possibility of additional legal appeals. (See ITT’s Online Archives or 11/05/10 news, 10110554, for summary of ITC Final Injury Determination.) (Appeal Number 1010-1024, dated 12/09/10)