ITA Not Obliged to Use Combination Rates in AD Admin Review of China Activated Carbon
U.S. importers Calgon Carbon Corporation and Norit Americas, Inc., as well as two Chinese producer exporters, in a consolidated suit, challenged different aspects of the final results of the first antidumping administrative review of certain activated carbon from China, covering…
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the period October 11, 2006 through March 31, 2008. The Court of International Trade ruled that the International Trade Administration was not obligated to use combination rates though it had done so in the preceding investigation, finding that nothing on the record showed that the ITA was presented with a case of circumvention. The court also ruled that zeroing (excluding U.S. sales made at or above fair value from the weighted average margin) was permissible at the time of the review. However, the court remanded for further review the ITA’s denial of a separate rate for Chinese producer Hebei Foreign Trade and Advertising Corporation, various surrogate values for principal manufacturing components, and the labor rate for Chinese manufacturing. (Slip-Op. 11-21, dated 02/17/11)