CIT Orders Third Redo of Since Hardware's 2006-07 AD Rate for Ironing Tables
The Court of International Trade again remanded the final results of the 2006-07 antidumping duty administrative review on floor-standing, metal-top ironing tables from China (A-570-888) to reconsider Since Hardware’s rate. Now on its second remand, Commerce reversed position and found Since Hardware was entitled to a separate rate. It had previously held the company submitted false information on inputs, and so had declined to consider all of its submissions, including those on government control. Accordingly, in the original results of the review, it found the company to be part of the China-wide entity. But the court had twice told Commerce that it had to make a separate finding on whether the company was entitled to a separate rate (see 11113026).
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This time, although Commerce gave the company a separate rate, the court took issue with Commerce’s selected rate of 157.68 percent, which was based on adverse facts available and identical to the China-wide rate. While the CIT said the agency was entitled to pick an AFA rate, the court said Commerce didn’t adequately show it the rate was relevant to Since Hardware.
(Since Hardware (Guangzhou) Co. v. United States, Slip Op. 13-71, dated 05/31/13, public version 06/20/13, Judge Eaton)
(Attorneys: William Perry of Dorsey & Whitney for plaintiff Since Hardware (Guangzhou) Co., Ltd.; Michael Snyder for defendant U.S. government; Frederick Ikenson of Blank Rome for defendant-intervenor Home Products International, Inc.)