CAFC Affirms ITC's Critical Circumstances Finding on Vietnamese Raw Honey
The U.S. Court of Appeals for the Federal Circuit on Oct. 15 affirmed the validity of the International Trade Commission's affirmative critical circumstances determination on imports of raw honey from Vietnam, which imposed retroactive antidumping duties on the subject goods…
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in the 90-day window prior to the AD investigation's preliminary determination. Judges Richard Taranto, Alan Lourie and Tiffany Cunningham rejected the claim from a group of honey importers that the ITC was required to find that a surge of imports made after the filing of the AD petition had an adverse impact after the final AD order was issued. Writing for the court, Taranto said the relevant statute, 19 U.S.C. Section 1673d(b)(4)(A)(i), "does not demand a determination focused on the time after the antidumping duty order issues."