CIT Sustains One, Remands Another in Decisions Over Antidumping Reviews
The Court of International Trade on Dec. 17 sustained the Commerce Department's final results in the administrative review of the antidumping duty order on freshwater crawfish tail meat from China, covering entries in 2017-2018. Judge Richard Eaton said that, while Commerce could get a more accurate "all-others rate" by tapping more than two mandatory respondents, its decision to only have two and only use one of their rates when establishing the all-others rate was not illegal. The judge also held that Commerce's valuation of the mandatory respondents' live freshwater crawfish factors of production under EU tariff subheading 0306.30.10, providing for live, fresh or chilled freshwater crawfish, is backed by substantial evidence.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
In another Dec. 17 opinion, Judge Timothy Stanceu remanded Commerce's final results in the second administrative review of the antidumping duty order on certain heavy walled rectangular carbon welded steel pipes and tubes from Mexico. One of the respondents in the review requested an adjustment since it sold HWR pipe and tube at two different levels of trade in its home market. Commerce denied the adjustment. Stanceu held that Commerce's action isn't backed by substantial evidence. The agency's analysis rests on one finding that is contradicted by record evidence and another that is "vague and conclusory" in invoking the record evidence, the judge said, remanding the decision.