CIT Denies Industry Support Remand in Indonesia Coated Paper
The Court of International Trade sustained the International Trade Administration’s final antidumping duty determination in certain coated paper suitable for high-quality print graphics using sheet-fed presses from Indonesia (A-570-958) with respect to the Indonesian company Pindo Deli’s arguments that (i) the ITA improperly expanded the scope of the investigation to include multi-ply paper, and (ii) the ITA’s final determination is contrary to law because it rests on inadequate industry support.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
CIT Rules ITA Did Not Improperly Expand Scope by Inclusion of Multi-Ply
In response to Pindo Deli’s arguments that scope was improperly expanded to include multi-ply paper, the CIT said the Government’s conclusion that some multi-ply paper is, and was intended to be, included in the scope is supported by substantial record evidence.
No Evidence of Lack of Industry Support; Pindo Deli’s Complaint Too Late
With respect to Pindo Deli’s argument of inadequate industry support for initiation of the investigation at issue, CIT ruled that Pindo Deli did not exhaust its administrative remedies due to its failure to submit its objections to industry support during the statutory period for the ITA to consider industry support (before initiation of the investigation). Furthermore, Pindo Deli did not present evidence to CIT to suggest that any error by the ITA was so great as to defeat the petition’s standing, or that such evidence exists and could be submitted to the ITA upon remand. Thus, CIT denied Pindo Deli’s request for remand of the final determination at issue.
(See ITT’s Online Archives (1) 09102045, (2) 10050650, and (3) 10092707 for summary of the (1) initiation, (2) preliminary determination, and (3) final determination in the ITA’s antidumping duty investigation of certain coated paper from Indonesia, including the original scope of the investigation and subsequent amendments.)
(CIT Slip Op. 12-33, dated 03/16/12, Judge Restani)