CIT Sends Back Parts, Upholds Parts of AD Review on Wood Flooring From China in Confidential Opinion
The Court of International Trade in a confidential opinion upheld parts and sent back parts of the Commerce Department's administrative review of the antidumping duty order on multilayered wood flooring from China. In a letter to litigants, Judge Richard Eaton gave the parties until May 12 to review the confidential information in the opinion and respond.
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During proceedings, Eaton expressed skepticism over the Commerce Department's assumption of 24 working days per month for calculating the surrogate labor rate (see 2202080061). The government defended the use of 24 working days, saying it's agency practice to use the number. The plaintiff, American Manufacturers of Multilayered Wood Flooring, proposed an alternative of 19 or 20 working days. Eaton said at oral argument in 2022 that it should be easy to part with past agency practice because it wasn't fully explained (American Manufacturers of Multilayered Wood Flooring v. United States, CIT # 20-03948).