CIT Sustains ITA’s China Citric Acid Scope Determination
The Court of International Trade sustained the International Trade Administration’s scope determination, challenged by Chinese company Global Commodity Group LLC (GCG), that GCG’s imported product falls within the scope of certain antidumping and countervailing duty orders on citric acid and certain citrate salts from China (A-570-937 and C-570-938, respectively).
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The product at issue consists of 35% citric acid of Chinese origin and 65% citric acid originating from other countries. GCG argues that, referring to a sentence in the scope that states that only blends of citric acid with “other ingredients” where citrates made up 40% or more of the blend are included in scope, GCG’s product fell out of scope because the phrase “other ingredients” in the scope includes non-Chinese origin citrates. The ITA argued that the phrase “other ingredients” does not mean any product other than subject citrates, but rather means non-citrate products. CIT sustained the ITA’s decision and the ITA’s determination to assess AD duties on the portion of the product that is citric acid subject to the AD order (i.e., Chinese citric acid).
(Slip Op. 12-35, dated 03/19/12, Judge Carman)