United States Federal Circuit

In an antidumping duty case involving the import of 1-hydroxyethylidene-1,1-diphosphoric acid from China, the judgment of the United States Court of International Trade is: 1) affirmed as to Commerce's decision to select a new U.S. price for purposes of calculating the petitioner's new separate rate; but 2) reversed as to Commerce's recalculation of the separate rate assigned to a cooperative respondent because Commerce acted in an arbitrary and capricious manner in cherry-picking a single data point that would have the most adverse effect possible on cooperating voluntary respondents, in a situation where there was no need or justification for deterrence.

Appellate Information

• Decided 12/17/2012
• Published 12/17/2012

Judges

• Dyk

Court

• United States Federal Circuit

Counsel