CAFC Affirms Rescission of Wooden Bedroom AD Review for Marvin on Mistaken Review Request

The U.S. Court of Appeals for the Federal Circuit on March 11 confirmed a lower court ruling that found Marvin Furniture ineligible for its own individual antidumping duty rate in a new shipper review on wooden bedroom furniture from China (A-570-890). Commerce had ended the review because it found Marvin’s date of first entry had actually occurred nine months earlier than Marvin had indicated in its review request. Although the earlier date was still within the one year deadline from the date of first entry, Commerce nonetheless found that the errant date meant Marvin’s new shipper review request wasn’t complete and rescinded. Marvin argued that the mistake was harmless, and that Commerce should have continued based on the new information. But CAFC agreed with the Court of International Trade’s August 2012 decision (see 12082731), finding Commerce’s decision to be reasonable because the requirement that review requests be correct and complete is necessary to ensure the agency meets legal deadlines for conducting reviews.