CIT Remands China Chlorinated Isocyanurates to ITA for Raw Material Values
Domestic producers Clearon Corporation and Occidental Chemical Corporation challenged the results of the June 2006 - May 2007 AD administrative review of chlorinated isocyanurates from China, objecting to the values used for urea, steam coal and ammonia gas by-products: the International Trade Administration sought a voluntary remand on the ammonia gas value as well.
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The Court of International Trade granted the ITA’s voluntary remand motion and accepted the domestic producers’ arguments on the lack of evidence and analysis to support the ITA’s valuation choices, remanding all of the value determinations at issue for further analysis and explanation. The court reminded the agency that in selecting surrogate values it is required by statute “to compare the chosen data set with other data sets on the record to determine what is the best available information,” and that its conclusions “should be supported by such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.”
(See ITT’s Online Archives 11111615, for summary of the latest AD administrative review results for chlorinated isocyanurates from China, for the period June 2009 - May 2010.)
(Slip Op. 11-142, dated 11/18/11, public version posted subsequently)