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Chinese Activated Carbon Companies to Appeal CIT Decision Sustaining Commerce's Surrogate Pick

The plaintiffs and plaintiff-intervenors in an antidumping case are appealing the Court of International Trade's decision to uphold the Commerce Department's surrogate pick, the litigants said in a Dec. 21 notice of appeal. In an administrative review of the antidumping…

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duty order on activated carbon from China, Commerce picked Malaysia as the primary surrogate despite still using a Romanian company's financial statements to determine the surrogate financial ratios (see 2110250027). The court also upheld the agency's surrogate value selection for bituminous coal, an input of activated carbon, and Commerce's financial ratio calculations. The case will be appealed to the U.S. Court of Appeals for the Federal Circuit. The plaintiffs, Carbon Activated Tianjin, Carbon Activated Corporation and Datong Juqiang Activated Carbon, along with plaintiff-intervenors Beijing Pacific Activated Carbon Products, Ningxia Guanghua Cherishmet Activated Carbon, Ningxia Mineral & Chemical and Shanxi Sincere Industrial, are appealing the case (Carbon Activated Tianjin v. U.S., CIT #20-00007).