CIT Remands 2007-08 AD Review on China Ironing Tables for Foshan Shunde's Separate Rate
As it had in a similar case on an earlier review, the Court of International Trade ordered another redo of the final results of the 2007-08 antidumping duty administrative review on floor-standing metal-top ironing tables from China (A-570-888). Commerce had originally assigned Foshan Shunde the China-wide rate for noncooperation, but the court had found that noncooperation didn’t apply to Commerce’s separate rate determination, and remanded in 2011 (see 11102458). On remand, the agency assigned Foshan Shunde a separate rate of 157.68 percent based on adverse facts available. CIT took no issue with the agency’s reliance on AFA, but said Commerce didn’t prove the chosen rate was relevant to Foshan Shunde’s business conditions. Corroboration is required when an AD rate is based on another company during an earlier period of review, the court said.
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(Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd. v. United States, Slip Op. 13-47, dated 04/08/13, public version 06/20/13, Judge Eaton)
(Attorneys: William Perry for plaintiffs Foshan Shunde Yongjian Housewares & Hardware Co., Ltd., and Polder, Inc.; Michael Snyder for defendant U.S. government; Frederick Ikenson of Blank Rome for defendant-intervenor Home Products International, Inc.)