CIT Sustains 2009-10 Brazil Orange Juice AD Review on Zeroing, Surrogate Rates
The Court of International Trade sustained the final results of the 2009-10 antidumping administrative review of certain orange juice from Brazil (A-351-840) in response to a challenge by Fischer and Citrosuco. Plaintiffs said the ITA improperly (1) included bunker fuel surcharges in Fischer’s surrogate freight rate; (2) used window period sales in calculating Fischer’s constructed value for certain months of the period of review; and (3) used zeroing to calculate Fischer’s dumping margin. CIT disagreed with plaintiffs arguments on the bunker fuel surcharge, and accepted the ITA’s explanation for zeroing. Also, Plaintiffs argument on the use of window period sales was only raised as a ministerial error, CIT said, and plaintiffs therefore did not exhaust its administrative remedies.
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(Fischer S.A. Comercio, Industria and Agricultura v. United States, Slip Op. 12-149, dated 12/06/12, Judge Tsoucalas)
(Attorneys: Robert Kalik of Kalik Lewin for plaintiffs Fischer S.A. Comercio, Industria and Agricultura and Citrosuco North America, Inc.; Stuart Delery for defendant U.S. government; Matthew McGrath of Barnes Richardson for defendant-intervenors Florida Citrus Mutual and Citrus World, Inc.)