CIT Remands Taiwan Polyvinyl Alcohol AD Investigation on Targeted Dumping Analysis

The Court of International Trade remanded part of the Commerce Department’s final determination from the antidumping duty investigation of polyvinyl alcohol from Taiwan (A-583-841) for the agency to explain the targeted dumping methodology used to find Chang Chun Petrochemical Co.’s AD rate. CCPC argued that Commerce applied the regulation on targeted dumping in effect at the time the investigation was completed in 2011, when it should have applied the targeted dumping rule in effect when the investigation began in 2004. The court said Commerce applied the right regulation, but didn’t apply it properly. The record indicated Commerce applied the regulation in effect in 2004, the court said, but Commerce failed to explain why it applied the targeted dumping methodology to all of CCPC’s sales, and why it eliminated transaction-to-transaction calculation methodology as an alternative to the normal method.