United States Federal Circuit

Decision of the Trade Court affirming the Department of Commerce's (Commerce) final remand results in a new shipper review and assignment of an antidumping duty on plaintiff's imports of garlic bulbs from China is affirmed, where: 1) Commerce's decision to rely on bulb size and the IMF index is reasonable and supported by substantial evidence, and the evidence supports Commerce's surrogate value calculation for plaintiff's whole garlic bulbs; and 2) Commerce's reliance on Tata Tea's 2008-2009 financial statement as a reasonable comparison to plaintiff's production process is supported by substantial evidence, given that much of Tata Tea's production is not highly processed.

Appellate Information

• Decided 09/10/2014
• Published 09/10/2014

Judges

• Reyna

Court

• United States Federal Circuit

Counsel