CIT Sustains No Affiliation Finding for Turkish Pasta Companies in AD Case

The Court of International Trade rejected Marsan’s challenge to the 2009-2010 antidumping duty administrative review of pasta from Turkey (A-489-805), finding the company wasn’t entitled to a lower AD duty rate because of affiliation with another Turkish exporter. In the final results, Commerce had said a common officer serving on the board of another subsidiary of Birlik/Bellini’s parent company and Marsan’s board was not an “affiliated person” under AD duty law. Marsan was assigned the all others AD duty rate of 51.49 percent as a result. If Commerce had found differently on the affiliation issue, it would have received Birlik/Bellini's lower AD rate The court found the challenge deficient because the company didn’t demonstrate the board member actually exercised control over Marsan, it said.