Japanese Bearing Producer Loses Court Challenge to 2007-08 AD Review

In the May 2007 - April 2008 antidumping duty administrative review of ball bearings and parts thereof from Japan, the International Trade Administration selected only the 4 largest producer/exporters as mandatory respondents and reviewed no others, “due to limited resources.” Asahi Seiko Co., Ltd. challenged the results, arguing that by not being selected for review it was deprived of the chance to possibly earn revocation by demonstrating zero or de minimis margins. However, the court ruled that because it withdrew its request for review when the 4 mandatory respondents were selected (in an attempt to avoid being assigned the “all others” rate), Asahi failed to exhaust its administrative remedies and therefore could not challenge the review results. See ITT’s Online Archives or 11/22/10 news, 10112204, for BP summary of similar court decision on the prior year’s review) (Slip Op. 11-24, dated 03/01/11)