CIT Denies Chinese Garlic Exporter's Challenge to New Shipper Review Rescission

The Court of International Trade on Dec. 13 affirmed the termination of an antidumping duty new shipper review of fresh garlic from China for Qingdao Maycarrier Import & Export Co., in a decision that will result in Maycarrier remaining subject to the $4.71/kg AD rate for companies that aren't independent from state control. Commerce had rescinded the review because it found evidence that Maycarrier was the same entity as another Chinese exporter that had previous exports to the United States. New shipper reviews can only be requested within one year of the date of its first entry of subject merchandise, and Maycarrier’s request came beyond that date. Maycarrier tried to persuade the court that Commerce relied upon faulty evidence, but the court said Commerce’s findings were reasonable and let the rescission stand.