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CIT Approves Remands on Expenses & Sales in Italian Pasta AD Review

For the antidumping duty administrative review of certain pasta from Italy for the period July 1, 2006 through June 30, 2007, the Court of International Trade previously granted a request from the International Trade Administration for a voluntary remand to reconsider whether accounting expenses of Italian producer Pasta Zara SpA were direct or indirect expenses. The court also ordered the ITA to reconsider whether all home market sales, whether to independent retailers or large discount chains, were in fact at a single level of trade, as the ITA claimed.

In its remand redetermination, the ITA conceded the accounting expenses at issue were indirect, but the change had no effect on Zara’s final 9.71% dumping margin. For the home level of trade, the ITA buttressed its prior single level determination with additional findings and reasoning. The CIT accepted both redeterminations. (Slip Op. 11-63, dated 06/06/11)