CIT Remands Bearings AD Review to ITA on Zeroing, Calls 15-Day Rule Unlawful

October 25, 2011 by Marie Rapport|Penalties and Courts

SKF USA Inc. and its overseas affiliates successfully contested the final results of the May 2007- April 2008 antidumping duty administrative review of ball bearings and parts thereof from France, Germany, Italy, Japan, and the UK, challenging the International Trade Administration’s use of zeroing (excluding all non-dumped sales transactions) in margin calculations and its “15-day rule” for issuing liquidation instructions following final determinations.

The Court of International Trade dismissed SKF’s other complaints, which challenged the ITA’s calculations of constructed export price, home market freight and packing revenue, and transport packing expenses. However, the court remanded the zeroing issue to the ITA, and issued a declaratory judgment that the ITA‘s “use of the 15-day rule in these reviews was unlawful.”

(Slip Op. 11-121, dated 10/04/11)