CIT Sustains ITC Injury Determination in China & Indonesia Coated Paper AD/CV Cases

The Court of International Trade sustained the International Trade Commission’s final injury determination in the antidumping and countervailing duty investigations of certain coated paper suitable for high-quality print graphics using sheet-fed presses from China (A-570-958 / C-570-959) and Indonesia (A-560-823 / C-860-824). The ITC unanimously found threat of injury to U.S. industry, which resulted in AD/CV duty orders on the merchandise. Several Chinese and Indonesian companies argued that the ITC did not properly consider all nine factors required by applicable law in making its decision, but CIT found the ITC may focus its analysis and need not consider all nine. The foreign plaintiffs failed to argue why consideration of the omitted factors would have resulted in a different outcome, CIT said. CIT also ruled against plaintiffs’ arguments that several other aspects of the ITC’s determination were unsupported by evidence and based on conjecture.