CIT Remands 2009-10 PET Film AD Review to Reconsider Nan Ya's AFA Rate, Address Broader Corroboration Issue
The Court of International Trade remanded the final results of the 2009-10 antidumping duty administrative review of polyethylene terephthalate film, sheet, and strip from Taiwan (A-583-837) for the International Trade Administration to reconsider the 74.34 percent adverse facts available rate it assigned to Nan Ya Plastics Corp. Nan Ya, which was assigned the AFA rate because of non-cooperation in the review, challenged the ITA’s corroboration of the rate. Given Nan Ya’s lack of participation in the review, as well as a change in the rate from the preliminary to the final results, Nan Ya didn’t have a chance to argue the final rate selection before the ITA. The final results should be remanded to allow the ITA to address Nan Ya’s arguments, the court said.
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The ITA argued that corroboration is a moot issue; because the rate was not secondary information (it was based another exporter’s data from the same review), the ITA wasn’t required to corroborate it by 19 USC 1677e(c), the agency argued. CIT said the ITA brought up an “interesting issue,” but said it needed the ITA to flesh out its arguments before coming to such a far-reaching conclusion. For example, the court wondered what would happen to the de Decco “reasonable estimation with a built-in increase” standard if corroboration is inapplicable in such instances.
(Nan Ya Plastics Corp., Ltd. v. United States, Slip Op. 13-18, dated 02/06/13, Judge Gordon)
(Attorneys: Peter Koenig for plaintiff Nan Ya Plastics Corporation, Ltd.; David D’Alessandris for defendant U.S. government; Jeffrey Kessler for defendant-intervenors Mitsubishi Polyester Film; SKC Inc.; and Toray Plastics (America).)