CIT Rules Adverse AD Duty Rate in Indian Lined Paper Withstands Challenge from Importer
iScholar, Inc., an American importer affected by an adverse AD duty rate in the September 2007 - August 2008 AD review of certain lined paper products from India, brought suit against the ITA for its determination that an uncooperative Indian…
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mandatory respondent merited an adverse rate of 72.03%, selected from among the individual transactions of the other mandatory respondent (whose overall rate was only 1.34%). Because Blue Bird (India) Ltd. ceased responding to the agency’s questionnaires in mid-review and the rate chosen by the ITA was based on a sale “within the mainstream” of the cooperating respondent’s sales, the Court of International Trade upheld the agency’s determination. (CIT Slip Op. 11-4, dated January 13, 2011)