Glass Bottles Petitioner Brings Challenge to Negative ITC Injury Determination to CIT
A trade group that requested antidumping and countervailing duties on glass wine bottles brought a 27-count complaint to the Court of International Trade on May 21. The petitioner challenged the International Trade Commission’s determination that bottle imports weren’t harming the domestic industry (U.S. Glass Producers Coalition v. United States, CIT # 25-00076).
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.
The commission preliminarily found injury. But, despite a request by the petitioner, it didn’t collect U.S. wholesaler purchasing costs for smaller “case packs” of imported glass bottles, petitioner U.S. Glass Producers Coalition said.
But, as the producer argued in administrative briefings, this data was necessary. In comparing the prices of U.S. producers and exporters, it would be most accurate to compare “sales from the largest U.S. producers to the largest purchasers (distributors) with the import value, landed, duty-paid” of the bottles.
The ITC also cumulated Chilean glass bottle imports with imports from Mexico and China even though the Commerce Department terminated its own investigation on the Chilean imports, the petitioner said. It argued there was “no ‘nexus’” between the Chilean imports and the Mexican and Chinese imports, and it claimed the Chilean imports’ inclusion obscured the causal connection between the increase in exporters’ U.S. market share and underselling.