CIT Sustains 2008-09 AD Rate on UAE PET Film From JBF RAK

The Court of International Trade sustained the final results of the 2008-09 antidumping duty administrative review on polyethylene film, sheet, and strip from the United Arab Emirates, in a Jan. 8 decision recently released to the public. JBF RAK disputed the Commerce Department’s use of zeroing in the review, as well as its policy of issuing liquidation instructions 15 days after the final results of the review. CIT refused to hear either argument. The zeroing question has been resolved by other court cases, and JBF RAK failed to bring up the 15-day liquidation policy with Commerce during the review, as required by the principle of exhaustion of administrative remedies. The court also rejected JBF RAK’s challenge to Commerce’s calculation of its home market prices.