CIT Remands Chinese Honey on Critical Circumstances

In a case challenging the previously suspended AD duty investigation of honey from China (carried out during the period January 1, 2000 through June 30, 2000) the International Trade Administration made a “critical circumstances”¹ determination, reversed it on a remand from the Court of Appeals for the Federal Circuit, then, following additional remands from the Court of International Trade, revived the critical circumstance finding.

Now the CIT has ordered the ITA to examine the issue anew, suggesting the agency consider other criteria besides the dumping margin determination of over 25%, such as importers’ awareness of other suppliers’ prices and trends in the industry. (Slip Op. 11-110, dated 09/06/11)

¹By statute, critical circumstances can be found when importers “knew or should have known that the exporter was selling the subject merchandise at less than its fair value… that there would be material injury by reason of such sales… and there have been massive imports of subject merchandise over a relatively short period.” (19 USC 1673d(a)(3)). The ITA’s general practice is to use a dumping margin of 25% as a threshold in such determinations.