CIT Issue Partial Judgment in AD Case Over Inclusion of Sample Sales in Duty Calculation

The Court of International Trade granted partial judgment in an antidumping case on Aug. 26, holding that the Commerce Department legally included sample sales of quartz surface products from Pokarna Engineered Stone Limited in the dumping calculation. Judge Leo Gordon originally made the call on Aug. 25, but issued Friday's decision of partial judgment to finalize the decision, seeing as there are other lingering issues still being litigated in the case.

The case concerned the antidumping duty order on quartz surface products from India. In the earlier decision, Gordon said that there is nothing in the statute that requires Commerce to perform a bona fide sales analysis on paid U.S. sample sales during an antidumping investigation (see 2108250067).

The remaining issue in the case is being litigated by the other plaintiff, M S International, and not by Pokarna. MSI is arguing that the petition that preceded the AD investigation did not have the requisite industry support to proceed (see 2108160054).

(Pokarna Engineered Stone Limited v. United States, Slip Op. 21-111, CIT Consol. # 20-00127, dated 08/26/21, Judge Gordon. Attorneys: Lizbeth Levinson of Fox Rothschild for plaintiff Pokarna; Joshua Kurland for defendant U.S. government)