CIT Reverses Course on Italy Pasta AD Rate for Atar; Cash Deposit Remains at Zero

The Court of International Trade on March 3 went back to the drawing board to implement a decision from the U.S. Court of Appeals for the Federal Circuit, affirming the Commerce Department’s original antidumping duty rate for an exporter of pasta from Italy (A-475-818) after the trade court had thrice remanded over the last five years. Commerce had calculated an AD duty rate of 18.18% for Atar in the 2004-05 administrative review on pasta from Italy, but CIT took issue with the rate in a series of decisions until finally in 2012 affirming an AD rate for Atar of 11.76% (see 12080206). But a year later, the Appeals Court reversed the remands, finding Commerce had in fact correctly calculated Atar’s rate in the final results (see 13091128). CIT’s decision now affirms the final results rate of 18.18% in light of the reversal from CAFC. Cash deposit rates for Atar will remain at zero, however, because of a Section 129 decision that took effect July 8, 2012.