CAFC Paves Way for Lower AD Rate for China Wooden Bedroom Furniture Exporter

The U.S. Court of Appeals for the Federal Circuit on June 2 overturned a lower court ruling that had resulted in a higher antidumping duty rate for Chinese wooden bedroom furniture exporter Yihua Timber. The Commerce Department originally assigned Yihua a 29.89% AD duty rate in an administrative review covering entries in 2007. In response to a series of subsequent court remands, Commerce first dropped Yihua’s rate to 21.53% in 2011 before raising it “under protest” to 40.74% in 2012. CAFC now says the Court of International Trade decision that affirmed the higher rate erred in “substituting its own judgment” for Commerce’s, and reversed and remanded.