CIT Dismisses Part of Chinese Company's Garlic AD New Shipper Complaint

The Court of International Trade dismissed on Sept. 16 part of a Chinese company’s challenge of its high $4.71/kg antidumping duty rate assigned to it after the Commerce Department ended a new shipper review for the company. Qingdao Maycarrier Import & Export had requested both a new shipper review and an administrative review on fresh garlic from China (A-570-831) in the hopes of obtaining a lower AD rate. But Commerce ended the new shipper review because the company purportedly wasn’t a new shipper. And it refused a normal administrative review for the company. Part of Maycarrier’s court complaint directly addressed the refusal of administrative review. CIT dismissed the part of the complaint related to the refusal of administrative review, because it was filed before that review was finalized, and not within 60 days of the final results as required by law. The parts of the complaint directly challenging the new shipper review survive.