Fed. Circ. Sends Chemical Duty Rate Back To Commerce

Law360, New York (December 17, 2012, 5:55 PM EST) -- The Federal Circuit determined Monday that the U.S. Department of Commerce improperly calculated anti-dumping duties imposed on a Chinese producer of a water treatment chemical, ordering the agency to reconsider its approach and provide further justification for its methods.

In a 2-1 ruling, the appeals court found that Commerce did not use a "reasonable method" for determining a duty rate that applied to Jiangsu Jianghai Chemical Group Co. Ltd. and Changzhou Wujin Fine Chemical Factory Co. Ltd., companies that produce the chemical 1-hydroxyethylidene-1,1-diphosphonic acid, or HEDP,...
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