CIT OKs Higher Nitric Acid Value in China Carbazole Violet Remand

The Court of International Trade upheld the International Trade Administration’s choice of a surrogate value for nitric acid of 35.08 Indian rupees per kilogram, in a remand following the December 2007 - November 2008 AD administrative review of carbazole violet pigment 23 from China. The court had previously ordered the agency to explain its use of a value 12 times higher than what the domestic petitioners proposed, based on a source which the ITA itself had rejected in a prior review because it contained aberrational high values.

The court found that the ITA “gave a reasonable explanation” of the surrogate value it used, detailing the variability of nitric acid prices according to dilution levels. However, the court rejected as untimely new arguments from Trust Chem on the dilution level of its own suppliers’ nitric acid, since the firm had not brought forth that information during the administrative review.

Concluding that ‘[w]hile it is more than unfortunate that the parties did not create a better record on the main issue presented,” the court upheld the remand results with the ITA’s surrogate value unchanged.

(See ITT’s Online Archives 11080904 for summary of CIT decision ordering ITA to explain its choice of values for nitric acid.)

Trust Chem Company Limited v U.S., Slip Op. 12-25, dated 02 /29/12, Judge Pogue