CIT Orders ITA to Reconsider Revocation Date for Malaysia Rubber Thread

The Court of International Trade remanded to the International Trade Administration the final results of the 2004 changed circumstances review of the antidumping duty order on extruded rubber thread from Malaysia (A-557-805), which determined to revoke the AD order due to the bankruptcy of the sole U.S. manufacturer of the domestic like product. While the ITA revoked the order effective October 1, 2003, plaintiff Heveafil SDN. BHD. argues for an effective date of October 1, 1995.

ITA Argues that AD Rates Found in Reviews Must be Assessed on Entries from that Review Period

The ITA asserted that the principle of administrative finality prevails over any discretion it has in selecting an effective date of revocation, and the completion of the 1995-96 administrative review precludes it from retroactively revoking the order for unliquidated entries from that review period. Specifically, the ITA noted that, in this case, entries of subject merchandise from the period of the 1995-96 review remained unliquidated due to other litigation. Therefore, according to the ITA, the AD rate determined in the final results of the 1995-96 review must apply to those unliquidated entries, precluding the inclusion of those entries within the scope of the 2004 changed circumstances review.

CIT Disagrees, Remands to ITA for Redetermination by Aug 21

CIT disagreed with the ITA’s arguments, saying 19 USC 1675(d)(3) specifically says revocation may apply to unliquidated entries (while not stating that revocation shall not apply to unliquidated entries already subject to administrative reviews), thereby giving the ITA discretion to select the effective date. Therefore, it ordered that the ITA shall file a remand redetermination with the CIT by August 21, 2012.

(CIT Slip Op. 12-38, dated 03/21/12, Judge Goldberg)