CIT Dismisses Challenge to China Chlorinated Isocyanurates AD Review
Domestic producers Clearon Corporation and Occidental Chemical Corporation challenged the International Trade Administration’s decision to exclude surrogate company financial statements that it found were tainted by Indian Government subsidies, and thus rely on a single surrogate firm’s data, in the June 2008 - May 2009 AD administrative review of chlorinated isocyanurates from China.
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The domestic parties argued that the term "capital subsidy," in the excluded Indian company’s annual report, only referred to a financial contribution by the majority shareholders, not an actual government subsidy.
However, the Court of International Trade ruled that by failing to raise all the same arguments earlier, in their brief on the final results during the review, the plaintiffs had failed to "exhaust administrative remedies," and could not now introduce new arguments in court.
(Slip Op. 11-147, dated 11/30/11)