CIT Sustains Treatment of 4 Income Types in Surrogate Ratio Calculation After Former Rebuke
The Court of International Trade in a Sept. 28 opinion upheld the Commerce Department's treatment of "shipping revenue, incentive income, interest income and rental income" in setting the selling, general and administrative expense ratio using Turkish firm Ayes Celikhashir VE CT's financial statements.
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Though the court previously remanded the agency's treatment of these income types when determining the surrogate financial ratios in the antidumping duty investigation on metal lockers from China, Judge Mark Barnett sustained the treatment this time around since no party contested the remand results.
In the remand, the dumping margin for exporter Zhejiang Xingyi Metal Products Co. was slightly raised to 21.38% from 21.25% after the agency excluded the interest income from the profit calculation (see 2308240031).
(List Industries v. United States, Slip Op. 23-143, CIT #21-00521, dated 09/28/23; Judge: Mark Barnett; Attorneys: Elizabeth Johnson of Kelley Drye for plaintiff List Industries; Ioana Cristei for defendant U.S. government; Camelia Mazard of Doyle Barlow for defendant-intervenor WEC Manufacturing)