CIT Returns China Garlic New Shipper Review to ITA for 2nd Time

In the final results of the November 1, 2007 -- June 9, 2008 AD new shipper review of fresh garlic from China and a subsequent remand redetermination, the International Trade Administration used incomplete price information from the sole publicly available price quote it located in India and made assumptions as to the unit of measure and type of sale quoted (the ITA assumed that the units offered were ounces and that the seller, who did not answer calls, was a manufacturer). The ITA then combined that price with other, much lower prices from quotes placed on the record by the respondent, but gave them less weight in the normal value. The Court of International Trade faulted this approach and remanded the issue to the agency. However, the CIT upheld the ITA’s assumptions as to the quantity and type of sale represented by the online offer it located. (Slip Op. 11-112, dated 09/07/11)