CIT Upholds Commerce's Use of Exporter's Data Over China-Wide Rate in AD Review
The Court of International Trade June 9 upheld the Commerce Department's remand results in a suit on the administrative review of the antidumping duty order covering multilayered wood flooring from China. Judge Richard Eaton sustained the AD review after exporter…
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Jilin Forest Industry Jinqiao Flooring Group Co. signed off on Commerce's redetermination dropping the company's dumping rate to zero. On remand, the agency dropped the presumption the Chinese government controlled Jilin Forest after Eaton questioned whether Commerce could disregard a mandatory respondent's own data in favor of the countrywide nonmarket economy rate (see 2305040061). Jilin Forest counsel Lizbeth Levinson of Fox Rothschild previously told Trade Law Daily an appeal is unlikely, given that it opens up further scrutiny of the agency's NME policy in AD reviews (Jilin Forest Industry Jinqiao Flooring v. U.S., CIT # 18-00191).