CAFC Affirms CIT Ruling on China Citric Acid AD/CV Scope

The Court of Appeals for the Federal Circuit affirmed the Court of International Trade’s ruling against a challenge to a scope ruling for the antidumping and countervailing duty orders on citric acid from China (A-570-937 / C-570-938). Plaintiff Global Commodities Group had argued its product containing both Chinese and third-country citric acid met the scope’s exclusion for blends of citric acid with other ingredients. According to GCG, the third-country citric acid is an “other ingredient,” and met the scope’s 60% by weight threshold for exclusion. Despite finding GCG’s interpretation “not entirely frivolous,” CAFC said it owed the International Trade Administration deference on interpretation of the scope. The interpretation was reasonable, so the court let CIT’s ruling stand.