CIT Remands Parts of 2009-10 Thai Polyethylene Bags AD Admin Review
The Court of International Trade remanded aspects of the Commerce Department’s 2009-10 antidumping duty administrative review on polyethylene retail carrier bags from Thailand (A-549.821) for reconsideration by the agency. The court faulted Commerce’s calculation of respondent Thai Plastic Bags Industry’s general and administrative expenses, as well as its adjustment of respondent Landblue’s surrogate financial statement. Both issues had been raised by domestic petitioners. CIT sustained Commerce’s decision to use surrogate financial statements for Landblue instead of confidential information from TPBI, despite domestic petitioners’ challenge, as well as Commerce’s use of zeroing and its decision to exclude an export-conditional government rebate from TPBI’s cost of production analysis, both in the face of a challenge by foreign respondents and U.S. importers.
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Thai Plastic Bags Indus., Co., Ltd. v. United States, dated 03/19/13, public version 04/10/13, Judge Pogue)
(Attorneys: Irene Chen of Chen Law Group and Mark Lehnardt of Lehnardt & Lehnardt for plaintiffs Thai Plastic Bags Industries Co., Ltd., Master Packaging, Inc., and Inteplast Group, Ltd.; Joseph Dorn of King & Spalding for plaintiffs Polyethylene Retail Carrier Bag Committee, Hilex Poly Co., LLC, and Superbag Corporation; Vincent Phillips for defendant U.S. government.)