CIT Sustains China Activated Carbon AD Review After Second Remand

The Court of International Trade on May 11 sustained on the second remand the Commerce Department’s 2016-17 antidumping duty administrative review on activated carbon from China. The trade court had twice ordered Commerce to reconsider its inclusion of certain data on Thai carbonized material imports from France to value Chinese inputs, noting that Commerce had rejected the data in previous reviews because they were small quantities of wood-based charcoal and had an average unit value much higher than the rest of the Thai data. While Commerce had stood its ground after the first remand, the agency reversed course under protest in its second remand redetermination and excluded the French data.

(Calgon Carbon Corp. v. U.S., Slip Op. 21-58, CIT # 18-00232, dated 05/11/21, Judge Barnett. Attorneys: David Hartquist, of Kelley Drye for plaintiffs/defendant-intervenors Calgon Carbon Corp. and Cabot Norit Americas, Inc.; Francis Sailer of Grunfeld Desiderio for consolidated plaintiffs/defendant-intervenors Activated Tianjin Co., Ltd., Carbon Activated Corporation, Datong Juqiang Activated Carbon Co., Ltd., and Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd.; Antonia Soares for defendant U.S. government)