CIT's Judge Choe-Groves Issues 4 Opinions in AD/CVD Cases
The Court of International Trade sustained three antidumping and countervailing duty cases March 20, and uphold parts and remanded parts of the Commerce Department's determination in a fourth. Judge Jennifer Choe-Groves decided all four cases.
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In a case led by respondent Marmen on the AD investigation of utility scale wind towers from Canada, the trade court upheld Commerce's rejection of Marmen's additional cost reconciliation information and use of the Cohen's d test to detect masked dumping. Choe-Groves said the agency's use of a population instead of a sample negates the questions raised by the U.S. Court of Appeals for the Federal Circuit over the use of the test.
In a case on the 2017-18 administrative review of the AD order on passenger vehicle and light truck tires from China, the judge sustained Commerce's decision that respondent Shandong New Continent's export price and constructed export price information was accurate. Choe-Groves also backed Commerce's finding that "the record did not support that New Continent was affiliated with two other companies considered in the review."
In a third opinion, the court upheld Commerce's decision to withdraw a questionnaire and reject respondent Jin Tiong Electrical Materials Manufacturer's questionnaire response in a proceeding involving the 2019-20 administrative review of the AD order on aluminum wire and cable from China.
The judge also upheld parts and remanded parts of Commerce's AD investigation into mattresses from Indonesia. Choe-Groves upheld the agency's use of a quarterly ratios methodology to set the quantity of mattresses sold, its use of Emirates Sleep Systems Private's financial information in finding constructed value, calculation of a profit cap and adjustment to reported sales deduction of Zinus U.S. The court sent back Commerce's inclusion of mattresses in transit from Indonesia at the end of the investigation period, adjustments to Zinus Korea's selling expenses to account for actual selling expenses and application of the Transactions Disregarded Rule.