CIT Sends China Garlic Back to ITA Again for Labor, Materials Re-do

Chinese producers contested the International Trade Administration’s remand determinations for the November 2003 - October 2004 AD administrative review of fresh garlic from China, in which the agency markedly increased their dumping margins, to between 26.67% and 55.18%. The Court of International Trade faulted the agency for repeatedly choosing “admittedly distorted Indian import statistics over potentially ‘perfect’ price quotes,” and ordered it to recalculate costs for garlic bulbs, plastic jars and lids, and cardboard cartons, as well as labor costs, which the agency had acknowledged needed recalculation. See ITT’s Online Archives or 06/21/11 news, 11062120, for BP summary of the ITA’s new method of calculating the labor wage rate for non-market economies.) Slip Op. 11-119, dated 09/26/11)