United States Federal Circuit

A decision of the Court of International Trade affirming the Department of Commerce's antidumping duty rate determination for polyethylene retail carrier bags that are manufactured by a Thai company and imported by plaintiff is affirmed where: 1) substantial evidence supports the antidumping margin assessed against plaintiff; 2) an AFA dumping margin determined in accordance with statutory requirements is not a punitive measure; and 3) plaintiff does not point to any statute or regulation that would entitle independent importers to a different assessment rate from the rate for importers that are affiliated with the foreign producer/exporters of the goods they import.

Appellate Information

• Decided 05/28/2010
• Published 05/28/2010

Judges

Court

• United States Federal Circuit

Counsel