United States Federal Circuit

In an antidumping duty case relating to wooden bedroom furniture imported from China, Court of International Trade's (CIT) affirmance of the Department of Commerce's calculation of the labor rate is vacated and remanded where: 1) 19 C.F.R. section 351.408(c)(3) is invalidated and the portion of the CIT's judgment affirming the Commerce's use of the regulation is vacated and remanded with instructions to require Commerce to recalculate the normal value using a method wholly in compliance with 19 U.S.C. section 1677b(c)(4); and 2) CIT's decision that required Commerce either to justify using all seven Indian surrogate companies for calculating non-production factors or to eliminate from the calculations the four smallest surrogate companies are vacated and remanded with instructions to recalculate the non-production factors using all seven surrogate companies.

Appellate Information

• Decided 05/17/2010
• Published 05/17/2010

Judges

Court

• United States Federal Circuit

Counsel