CIT Says Commerce Can't Rescind AD/CVD Reviews Just Due to a Lack of Suspended Entries
The Court of International Trade on Sept. 5 said the Commerce Department unlawfully rescinded the antidumping and countervailing duty reviews on wood molding and millwork products from China for exporters China Cornici and RaoPing HongRong Handicrafts. Judge Jane Restani said…
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the agency can't rescind AD/CVD reviews "solely due to a lack of suspended entries" under its regulations. While China Cornici and RaoPing initially mislabeled their entries, the record shows the companies took steps to pay the required duties. Commerce can't just rely on "mislabeled paperwork" in rescinding AD/CVD reviews for exporters and must consider other "important" information, such as prior disclosures and deposits of duties, the court said.