CIT Sustains Remand Allowing Separate AD Rate in China Activated Carbon

Chinese producer Hebei Foreign Trade and Advertising Corporation contested the final results of the International Trade Administration’s first AD administrative review of certain activated carbon from China, for the period October 11, 2006, through March 31, 2008. Finding that Hebei Foreign had failed to qualify for separate rate status because a sales agent, rather than a direct employee, had signed the separate rate questionnaire certifications, the ITA assigned the company the China-wide rate of 228.11%.

On remand from the Court of International Trade, the ITA accepted additional certifications and documentation, and accorded the firm its own separate rate of 16.35%, based on the average of two other firm’s calculated rates. Domestic producers challenged the ITA’s remand redetermination on the grounds that Hebei Foreign had provided inconsistent and misleading information, but the CIT upheld the remand results and the lower, separate rate for Hebei Foreign.

(Slip Op. 11-134, dated 10/24/11)