CIT Sustains Recission of China Fresh Garlic AD New Shipper Review for No Bona Fide Sales
The Court of International Trade sustained the Commerce Department’s decision to rescind an antidumping duty new shipper review of fresh garlic from China (A-570-831). Commerce had found that the sales being reviewed to establish Jinxiang Chengda’s AD rate were not commercially realistic, because of their high price, small quantity, and nearly simultaneous timing. The court agreed, noting that high prices could have distorted any AD rate that resulted from the new shipper review. The quantities and timing of the sale indicated that they were not indicative of future commercial behavior either, said the court.
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(Jinxiang Chengda Imp. & Exp. Co., Ltd. v. United States, Slip Op. 13-40, dated 03/25/13, public version 04/11/13, Judge Eaton)
(Attorneys: John Kenkel of deKieffer & Horgan for plaintiff Jinxiang Chengda Import & Export Co., Ltd.; Melissa Devine for defendant U.S. government; John Herrmann of Kelley Drye for defendant intervenors Fresh Garlic Producers Association, Christopher Ranch, LLC, the Garlic Company, Valley Garlic, and Vessey and Company, Inc.)