CIT Accepts ITA's Lower Adverse AD Margin in Thai Retail Carrier Bags

In the August 2006 - July 2007 AD administrative review of polyethylene retail carrier bags from Thailand, the International Trade Administration assigned an adverse rate of 122.88% to KYD Inc., an importer of bags produced by two uncooperative Thai producers. The Court of International Trade twice remanded the rate calculation to the ITA, holding that the rate was not corroborated, supported by evidence, or relevant to KYD’s imports in the period of review, and noting that even for uncooperative respondents, the agency is still constrained by “commercial reality.”

In its third remand redetermination, the ITA calculated a margin of 94.62% for KYD, based on the highest-margin transactions of two cooperative respondents in the period of review, in sales of merchandise that matched KYD’s imports on at least 8 out of 13 characteristics. KYD sought to have the ITA calculate instead a margin based on its own sales and price reporting, despite having no cost or expense data from the producers. However, the CIT upheld the ITA’s remand results, reasoning that the “transaction-specific margin” met statutory requirements and was based on substantial evidence.

(See ITT‘s Online Archives [11050925] for summary of preceding court decision and remand order to ITA.)

Slip Op. 12-10, dated 01/18/12