CIT Insists on "Profit Cap" in New Italian Pasta AD Remand

Following earlier remands in the July 2004 - June 2005 AD administrative review of certain pasta from Italy, the Court of International Trade ordered the International Trade Administration to redo its calculation of the constructed value (equivalent to home market value) of pasta exported from Italy by Atar S.R.L. In this instance the CIT found the agency erred by excluding from the average profit calculation four Italian pasta producers that incurred losses during the period.

The court noted that “the amount allowed for profits may not exceed the amount normally realized by exporters or producers,” per19 USC 1677b(e)(2)(B)(iii), and ordered the agency to recalculate constructed value using “a lawful profit cap.” (Slip Op. 11-111, dated 09/07/11)