Pasta Exporters to Appeal CIT Decision on Method for Reporting Pasta's Protein Content in AD Review
Italian pasta exporters La Molisana and Valdigrano di Flavio Pagani will appeal a Court of International Trade decision upholding the Commerce Department's 2018-19 review of the antidumping duty order on pasta from Italy. Per the notice of appeal, the exporters…
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will take the case to the U.S. Court of Appeals for the Federal Circuit. In the opinion, the trade court said Commerce permissibly refused to adjust its threshold for differentiating between types of pasta in its duty calculations (see 2304240035). La Molisana claimed Commerce's "breakpoint" of 12.5% protein content did not reflect the market reality, but Judge Richard Eaton held that the company's evidence was not applicable industrywide, making it "unreliable and insufficient" (La Molisana v. United States, CIT # 21-00291).