ITA Requests, CIT Grants Remand of 09-10 Taiwan Polyester Staple Fiber AD Review

The Court of International Trade remanded the International Trade Administration’s calculation of normal value for plaintiff Far Eastern New Century Corp. (FENC) in the 09-10 administrative review of the antidumping duty order on certain polyester staple fiber from Taiwan (A-583-833). After publication of the final results, FENC told the ITA that it had committed a ministerial error by using an earlier version of FENC’s selling, general, and administrative expenses ratio to calculate FENC’s normal value, instead of the corrected version submitted later in the proceeding. The ITA disagreed, so FENC filed suit at CIT. But after the suit was filed, the ITA reexamined the record and found that it “may not have used the corrected normal value” in calculating the final AD rate. The ITA and FENC both requested the remand, and CIT assented.

FENC also challenged the ITA’s use of zeroing, but CIT affirmed the ITA’s zeroing explanation, as it did in its recent Grobest and Union Steel decisions.

(See ITT’s Online Archives 12080205 for summary of CIT’s July 31 Grobest ruling, and 12030543 for summary of CIT’s February Union Steel ruling, which is currently on appeal.)

(Far Eastern New Century Corp. v. United States, CIT Slip Op. 12-110, dated 08/29/12, Judge Pogue)

(Attorneys: Peter Koenig of Squire Sanders for plaintiff FENC; Ryan Majerus for defendant United States.)