CIT Again Remands China PET Film AD Review on Selection of India as Surrogate

The Court of International Trade again remanded Commerce’s selection of India as the surrogate country in the 2009-10 antidumping duty administrative review of polyethylene terephthalate film, sheet and strip from China (A-570-924). Commerce again declined to consider the most recent economic data on the two countries when making its decision. The court had already remanded on that issue in February (see 13020802). This time, Commerce rejected the data on procedural grounds, because it purportedly didn’t have enough time to review the data. This was despite the fact that the data had been placed on the record before the regulatory deadline for submitting factual information. The court agreed with Dupont Teijin’s argument that Commerce was effectively creating a new deadline that isn’t specified in the regulations, and remanded for a second time.