ITC Cites Recent Trade Court Case in Support of Retroactive Application of AD/CVD
The Court of International Trade's recent decision in MTD Products v. U.S., which upheld the International Trade Commission's retroactive application of antidumping and countervailing duties on small vertical shaft engines from China, is "particularly instructive" in a case brought by Sweet Harvest Foods, the ITC said in a notice of supplemental authority. In MTD, the trade court upheld an ITC critical circumstances decision "under the same legal framework that applies in the instant case," the commission said (Sweet Harvest Foods v. United States, CIT # 22-00188).
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MTD argued that the ITC used faulty data and improperly weighed the data it did use. Judge M. Miller Baker ruled that the court would not second-guess the ITC, which found that the retroactive duties were justified due to a surge in imports of the engines just before the AD/CVD took effect (see 2303170033).
The ITC said that this decision is consistent with the commission's position that "provisional measures provide remedial relief to the domestic industry before an antidumping or countervailing duty order is issued and that the antidumping or countervailing duty order is generally effective as of the date of provisional measures."