CIT Sustains Redetermination of 2007-08 China Silicon Metal AD Final Results

The Court of International Trade sustained a remand redetermination of the final results of the 2007-08 administrative review of the antidumping duty order on silicon metal from China (A-570-806) with respect to the International Trade Administration’s use of Indian company FACOR’s financial statement as a surrogate to calculate Chinese respondents’ selling, general and administrative expenses. The ITA excluded FACOR’s sale of a power plant from the calculation as a non-routine transaction. Defendant-intervenors Shanghai Jinneng International Trade Co., Ltd. and Jiangxi Gangyuan Silicon Industry Co., Ltd. argued that the sale should have been included. But CIT found that they failed to adequately explain “how the sale of an entire power plant by ferroalloy producers, not in the business of selling power plants, amounts to an insignificant, routine transaction, and further, why that determination is the only outcome that the administrative record reasonably supports.”

(See ITT's Online Archives 11070541 for summary of an earlier CIT ruling mostly sustaining the final results of the 2007-08 administrative review on silicon metal from China, but remanding this issue.)

(Globe Metallurgical Inc. v. United States, Slip Op. 12-114, dated 09/05/12, Judge Gordon)

(Attorneys: William Kramer of DLA Piper for plaintiff Globe Metallurgical Inc.; L. Misha Preheim for defendant U.S.; Duane Layton of Mayer Brown for defendant-intervenors Shanghai Jinneng and Jiangxi Gangyuan)