CIT Affirms End of New Shipper Review on China Innerspring Units for Foshan
The Court of International Trade sustained the rescission of a new shipper review on uncovered innerspring units from China (A-570-928), finding reasonable Commerce’s decision to end the review, and keep Foshan Nanhai Jiujiang Quan Li Spring Hardware Factory and Foshan Yongnuo Import & Export subject to the China-wide rate. The companies had requested the new shipper review in an attempt to get their own lower separate rate. Commerce had said the sale up for review was too small and expensive to be a normal commercial sale. It also said the importer couldn’t get its story straight on the circumstances of the sale. Foshan challenged the quantity and value comparisons the agency used to find the sale abnormal, and put forward its own theory on what the importer was trying to say. But CIT said Commerce’s determination was reasonable, and supported by evidence.
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(Foshan Nanhai Jiujiang Quan Li Spring Hardware Factory v. U.S., Slip Op. 13-86, dated 07/01/13, Judge Carman)
(Attorneys: Michael Holton of Barnes Richardson for plaintiffs; Douglas Edelschick for defendant U.S. government; Yohai Bainburd for defendant-intervenor Leggett & Platt, Inc.)