CIT Upholds AD Investigation on Brazilian Lemon Juice in Confidential Decision
The Court of International Trade on June 24 in a confidential decision sustained the Commerce Department's antidumping duty investigation on lemon juice from Brazil. In a letter to the litigants, Judge Claire Kelly said she intends to issue a public…
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version of the decision on or shortly after July 2. Kelly previously remanded the investigation so the agency could redo its analysis of whether respondent Louis Dreyfus and its unnamed supplier, Supplier A, are affiliated or are partners (see 2411180024). Kelly said Commerce failed to consider whether Louis Drefyfus has the "ability to control Supplier A," and whether the supplier is "reliant" on the respondent. On remand, Commerce continued to find that Louis Dreyfus and Supplier A aren't affiliated, nor are they partners (see 2502180037). The agency said it's important to distinguish "exclusivity" from "reliance" in affiliation analyses, noting that an exclusive relationship with a supplier doesn't mean a party isn't capable of acting independently if the exclusive relationship is no longer in its interests (Ventura Coastal v. United States, CIT # 23-00009).