CIT Remands AD Review on Italian Pasta to Have Commerce Reconsider Adverse Inference
The Court of International Trade on Nov. 30 remanded the Commerce Department's final results in the 2017-2018 administrative review of the antidumping duty order on certain pasta from Italy giving the agency another shot at explaining its adverse inference application.…
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
In the review, affiliated plaintiffs Ghigi 1870 and Pasta Zara served as a mandatory respondent. Due to a programming error, Ghigi/Zara revealed during the post-verification stage that its most recent U.S. sales dates were errant. Instead of reverting back to the old U.S. sales dates, Commerce hit Ghigi//Zara with adverse facts available. The court upheld the use of facts available but not the adverse inference. The court also upheld Commerce's rejection of Ghigi/Zara's post-verification arguments for different classification systems for the pasta's protein content and shape.