CAFC Affirms CIT Ruling on China Citric Acid AD/CV Scope
The Court of Appeals for the Federal Circuit affirmed the Court of International Trade’s ruling against a challenge to a scope ruling for the antidumping and countervailing duty orders on citric acid from China (A-570-937 / C-570-938). Plaintiff Global Commodities Group had argued its product containing both Chinese and third-country citric acid met the scope’s exclusion for blends of citric acid with other ingredients. According to GCG, the third-country citric acid is an “other ingredient,” and met the scope’s 60% by weight threshold for exclusion. Despite finding GCG’s interpretation “not entirely frivolous,” CAFC said it owed the International Trade Administration deference on interpretation of the scope. The interpretation was reasonable, so the court let CIT’s ruling stand.
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(See ITT’s Online Archives 12040211 for summary of CIT’s decision in March 2012.)
(Global Commodity Group LLC v. U.S., Appeal No. 12-1346, dated 03/07/13, Judges Lourie, Moore, and O’Malley)
(Attorneys: George Thompson of Neville Peterson for plaintiff Global Commodities Group; Patricia McCarthy for defendant U.S. government; Daniel Schneiderman of King & Spalding for defendant intervenors Archer Daniels Midland Company, Cargill, Incorporated, and Tate & Lyle Americas LLC)