CIT Affirms ITA Rescission of AD New Shipper Review of China Wooden Bedroom Furniture

The Court of International Trade affirmed the International Trade Administration’s decision to rescind a new shipper review of the antidumping order on wooden bedroom furniture from China (A-570-890) with respect to Chinese company Marvin Furniture (Shanghai) Co. In its request for the new shipper review, Marvin had told the ITA that its first entries of subject merchandise to the U.S. occurred in June 2011. But after the ITA initiated the review, CBP found earlier entries of subject merchandise from Marvin. Given this new information, the ITA rescinded the new shipper review because Marvin’s review request did not meet the statutory requirements.

Specifically, the ITA said, the request didn’t include the date and volume of the first entries of Marvin’s subject merchandise into the U.S. Marvin argued that the ITA improperly rescinded the review because 19 USC 1677m(d) gives parties the chance to correct infirm filings, and so the ITA should have allowed it to correct the date of its first U.S. entry. But CIT said that provision only applies to responses to ITA requests for information, not to a party submitting information of its own accord.

(Slip Op. 12-109, dated 08/27/12, Judge Tsoucalas)

(Lead Counsels: John Peterson of Neville Peterson for plaintiff Marvin; Stuart Delery for the government; Joseph Dorn of King & Spalding for defendant-intervenors American Furniture Manufacturers Committee for Legal Trade and Vaughan-Bassett Furniture Company, Inc.)

(See ITT's Online Archives 12041117 for summary of the rescission of this new shipper review.)