June 2009 AD/CV Court Cases (Part 2)

CIT Upholds Remand Results in Honey from China

The CIT upheld the ITA's redetermination on remand as to 3 methodology issues pertaining to the calculation of the normal value of honey imported from China, in the antidumping duty administrative review for the period December 1, 2003 through November 30, 2004. The issues addressed in the remand were packaging materials costs, brokerage & handling expense ratios, and the labor rate. Zhejiang Native Produce and Animal By-Products Import & Export Group Corp. et al. v. U.S., dated June 19, 2009, available at http://www.cit.uscourts.gov/Slip_op09/SlipOp0961.pdf

CIT Upholds ITA's 2nd AD Redetermination on Remand in Thai Shrimp

In a second remand redetermination following the ITA's amended final determination in the less-than-fair-value investigation of certain frozen and canned warmwater shrimp from Thailand, the agency found Thai producer Thai-i-Mei to have a de minimis dumping margin of 1.88%. The Court of International Trade upheld these results. Thai-i-Mei Frozen Foods Ltd. v. U.S., dated June 24, 2009, available at http://www.cit.uscourts.gov/slip_op/Slip_op09/09-65.pdf

Dumping Respondent Who Ignored Questionnaires Has No Recourse

Uniroyal Marine Exports Ltd., a respondent in the administrative review of the antidumping duty order on Certain Frozen Warmwater Shrimp from India for the period February 1, 2008 through January 31, 2009, failed to respond to three requests for information from the ITA, but later sued over the high "adverse" dumping margin ITA assigned it. The CIT dismissed the suit. Uniroyal Marine Exports Ltd. v. U.S. et al., dated June 24, 2009, available at http://www.cit.uscourts.gov/Slip_op09/09-63.pdf

CIT Confirms Argentine Honey Producer Not Free from AD Order

The ITA denied a request from Argentine honey exporter Seylinco, S.A for revocation of its antidumping duty order after 3 consecutive years of sales with no dumping margin, because it found the quantities imported were less than commercial quantities (only 1 container in one year, and only 4 in another, vs. 25 in an earlier year). The CIT upheld the ITA's decision. Seylinco, S.A. v. U.S. et al., dated June 26, 2009, available at http://www.cit.uscourts.gov/slip_op/Slip_op09/09-66.pdf

CIT Grants Partial Remand in Chinese Garlic '02-'03 AD Review

Plaintiff Chinese producers and exporters of fresh garlic, Taian Ziyang Food Company, Ltd. et al., contested the final results of the ITA's November 1, 2002 through October 31, 2003 administrative review of the antidumping duty order covering fresh garlic from China, challenging the ITA's methodology as to its use of "adverse facts available," various factors of production, the labor rate, certain surrogate financial ratios, and other factors. The CIT denied the motions challenging the facts-available approach and certain factors, but remanded the results to ITA in regards to the remainder of the issues. Taian Ziyang Food Co. et. al. v. U.S., dated June 29, 2009, available at http://www.cit.uscourts.gov/slip_op/Slip_op09/09-67.pdf

Appeals Court Upholds CIT in ITA's Methods in Polyester Staple Fiber/Korea

Huvis Corporation appealed the judgment of the CIT affirming the ITA's valuation of Huvis's imports in the fifth AD administrative review of polyester staple fiber from Korea. Because Commerce's decision to use a constructed market price in valuing Huvis's imports of polyester staple fiber was supported by substantial evidence and not contrary to law, the CAFC affirmed. Huvis Corp. v. U.S. et al., dated June 25, 2009, available at http://www.cafc.uscourts.gov/opinions/09-1021.pdf