ITA’s China Fresh Garlic AD Review Gets Another Remand at CIT

Five Chinese producer/exporters challenged the final results of the International Trade Administration’s Second Remand Determination in the November 2002 -- October 2003 AD administrative review of fresh garlic from China, contesting the agency’s wage rate calculation and packaging materials values. The ITA also requested a voluntary remand to recalculate the labor wage rate. The Court of International Trade ordered the ITA to revisit its valuations of the labor rate, and ordered the agency to reconsider its insistence on using “admittedly non-representative” published Indian import values for packing materials (cardboard cartons, plastic jars and plastic jar lids), rather than documented price quotes from Indian vendors for comparable items. (Slip Op. 11-88, dated 07/22/11)