CIT Orders Recalc of Donguan's Rate in Third Remand of 2008 China Wooden Bedroom Furniture AD Review
The Court of International Trade remanded for the third time the duty rate assigned to four companies in the 2008 antidumping duty administrative review on wooden bedroom furniture from China (A-570-890). The Commerce Department had based part of the rate…
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on a small percentage of overall sales with high prices to punish the companies for their lack of cooperation. It set a 43.23% AD rate for Dongguan Sunrise Furniture Co., Ltd.; Taicang Sunrise Wood Industry Co., Ltd.; Taicang Fairmount Designs Furniture Co., Ltd.; and Meizhou Sunrise Furniture Co., Ltd. CIT remanded the rate in June 2012 (see 12060729) and again in April 2013 (see 13040903), because the rate was too high and didn’t reflect commercial reality. This time, Commerce set a threshold of 0.04% of total sales for a single sale to determine the entire rate for a given product. But CIT again found the agency’s reliance on a “minuscule” percentage of sales meant the rate wasn’t rooted in commercial reality, and remanded for Commerce recalculation.