CIT Remands AD Review on Italian Pasta to Have Commerce Reconsider Adverse Inference
The Court of International Trade on Nov. 30 remanded the Commerce Department's final results in the 2017-2018 administrative review of the antidumping duty order on certain pasta from Italy giving the agency another shot at explaining its adverse inference application.…
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
In the review, affiliated plaintiffs Ghigi 1870 and Pasta Zara served as a mandatory respondent. Due to a programming error, Ghigi/Zara revealed during the post-verification stage that its most recent U.S. sales dates were errant. Instead of reverting back to the old U.S. sales dates, Commerce hit Ghigi//Zara with adverse facts available. The court upheld the use of facts available but not the adverse inference. The court also upheld Commerce's rejection of Ghigi/Zara's post-verification arguments for different classification systems for the pasta's protein content and shape.