Size Matters in Light-Weight Thermal Paper Injury Test, Court Tells ITC
In an investigation of light-weight thermal paper (LWTP) from Germany, the International Trade Commission determined that imports from Germany of 48 gram-per-square meter LWTP threatened the domestic industry with material injury even though the ITA, in its parallel price investigation,…
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found that the 48 GSM size roll was not being dumped (the ITA calculated an average dumping margin of 6.5% across all roll sizes). The CAFC ruled that the ITC erred in denying a request by the German exporter Papierfabrik August Koehler AG to consider the dumping margins calculated by ITA for its various sizes of LWTP rolls, since the ITC’s threat determination did not align with sales and import volume trends in the various roll-size categories. The court remanded the case to the Court of International Trade for return to the ITC. (Appeal Number 2010-1147, dated January 11, 2011)