CIT Sustains Zero Rates for Four Cos. From 2002-03 China Garlic AD Review
The Court of International Trade sustained the Commerce Department’s determinations on the last remaining issues from the 2003-03 antidumping duty administrative review on fresh garlic from China (A-570-831). The court had remanded the final results twice before. The final issues remaining in this remand redetermination were related to valuation of surrogate inputs, including labor. Because the domestic petitioners didn’t submit comments during the remand proceeding, the court ruled that they didn’t exhaust their administrative remedies, and sustained. As a result, AD rates for the 2002-03 period of review will fall to zero for Zhengzhou Harmoni Spice Co., Ltd.; Jinan Yipin Corporation, Ltd.; Linshu Dading Private Agricultural Products Co., Ltd.; and Sunny Import & Export Co., Ltd.
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(Taian Ziyang Food Co. v. United States, Slip Op. 13-80, dated 06/24/13, Judge Ridgway)
(Attorneys: Mark Pardo of Grunfeld Desiderio for plaintiffs Zhengzhou Harmoni Spice Co., Ltd., Jinan Yipin Corporation, Ltd., Linshu Dading Private Agricultural Products Co., Ltd., and Sunny Import & Export Co., Ltd.; Richard Shroeder for defendant U.S. government; Michael Coursey of Kelley Drye for defendant-intervenors Fresh Garlic Producers Association, Christopher Ranch L.L.C., The Garlic Company, Valley Garlic, and Vessey and Company, Inc.)