CIT Tells ITA to Justify Rate in China Woven Ribbon Investigation

In its January 1 - June 30, 2009 investigation of narrow woven ribbons with woven selvedge from China, the International Trade Administration assigned to Yangzhou Bestpak Gifts & Crafts Co., Ltd. a separate AD duty rate that was based on the average of the rates calculated for the two largest volume exporters, one of whom got 0% while the other, which did not cooperate, got a rate of 247.65%. The Court of International Trade confirmed that the ITA was authorized to calculate the rate for non-reviewed companies in this way, but found the agency then failed to show that the resulting 123.83% separate rate reasonably reflected Bestpak’s “potential dumping margin.” The Court ruled the ITA must relate the assigned rate to the firm’s commercial activity, for example, by providing information suggesting that Bestpak dumps its sales at such levels, and remanded the issue to the agency to explain or revise the rate for Bestpak. (Slip Op. 11-90, dated 07/26/11)