CIT OKs Adverse Rate in China Ironing Tables, but Remands Separate Rate Denial
The International Trade Administration assigned an adverse facts available (AFA) rate and denied separate rate status to a Chinese producer/exporter (Foshan Shunde Yongjian Housewares & Hardware Co., Ltd.) in the August 2007 - July 2008 antidumping duty administrative review of floor-standing metal-top ironing tables and certain parts thereof from China. (Without separate rate status, the company would be subject to the China-wide rate, usually higher than a separately calculated rate).
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The agency reasoned that because Foshan provided “unreliable and inconsistent” responses to its questionnaires, it failed to demonstrate that it operates free from government control, and therefore was not entitled to a separate rate. The Court of International Trade upheld the decision to apply AFA, but remanded the separate rate determination to the ITA, noting that separate rate status determinations should be based on data in the separate rate questionnaire response, and not solely on deficient factors-of-production or sales questionnaires.
(Slip Op. 11-123, dated 10/12/11)