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US Mobile Access Equipment Makers Launch CIT Case Over Surrogate Values in AD Matter

The Commerce Department erred by rejecting the Coalition of American Manufacturers of Mobile Access Equipment's surrogate data for ocean freight along with a host of inputs for mobile access equipment, the coalition said in a June 13 complaint at the Court of International Trade. The coalition argued that its own surrogate value data "more accurately reflected the inputs" used than the data Commerce did end up using (Coalition of American Manufacturers of Mobile Access Equipment v. United States, CIT #22-00152).

The case concerns the antidumping duty investigation on mobile access equipment and subassemblies thereof from China in which Lingong Group Jinan Heavy Machinery Co. and Zhejiang Dingli Machinery Co. were tapped as mandatory respondents. In the investigation, Commerce tapped Brazil as the primary surrogate country and relied on surrogate value data given by the respondents rather than the data from the coalition, the case's petitioner. The coalition unsuccessfully argued to Commerce that its data was more accurate and thus legally preferred.

Now at CIT, the coalition is claiming that its data is better for ocean freight and "minor fabricated steel components, steel bar, steel board over 4.75 mm, steel mount plates above 4.75 mm and below 4.75 mm, steel plate with a thickness of between 3.00 and 4.75 mm, steel plate with a thickness of at least 10 mm, steel plate under 4.75 mm in thickness, steel plate over 4.75 mm in thickness," and "cable bridge steel plate and drive motors."

The result of the investigation was a 165.3% dumping margin for LGMG, 31.7% margin for Dingli, 51.83% for the separate rate respondents and 165.30% for the China-wide entity. The coalition is also challenging Commerce's decision "to accept onto the record untimely and otherwise improper factual information submitted by Dingli."