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CIT Tells ITC to Reopen Decision Ending AD/CV Duties on Fridge-Freezers

The Court of International Trade on Dec. 26 ordered the International Trade Commission to take another look at its decision to end the antidumping and countervailing duty investigations on bottom-mount combination refrigerator-freezers from South Korea and Mexico. The ITC ended the proceedings in April 2012 with no AD/CV duties imposed after finding domestic industry wasn’t injured by Mexican and South Korea imports (see 12041807). Although it agreed with most of the ITC’s findings, the court said it was concerned that the ITC may have double counted in its calculations when it said that domestic sales were not declining during the period under investigation. The ITC argued that any change would be insignificant and wouldn’t affect its overall negative injury determination, but CIT said it has enough doubts that the ITC needs to go back and make sure.

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(Whirlpool Corporation v. U.S., Slip Op. 13-155, dated 12/26/13, public version 01/13/14, Judge Barnett)