CIT Sustains Heija's Zero Rate After Recalculation in China Garlic New Shipper Review

The Court of International Trade sustained the International Trade Administration’s second remand redetermination of the final results of its new shipper review of the antidumping duty order on fresh garlic from China (A-570-831) with respect to Chinese plaintiff Jinxiang Heija Co. Having been ordered to explain the greater weight given to Indian price quotes used to determine normal value that the ITA had found, as opposed to the Indian price quotes found by Heija, the ITA, under protest, afforded all of the price quotes equal weight by using a simple average to determine normal value. Heija’s AD rate fell from 15.37% to zero as a result of the recalculation. Heija did not challenge the ITA’s redetermination, and the CIT found the challenges of U.S. defendant-intervenors lacked merit, and sustained the ITA’s redetermination.

(Slip Op. 12-80, dated 06/11/12, Judge Barzilay)