Fed. Circ. OKs Commerce's Profit Cap Figures In Duty Review

Law360, New York (September 11, 2013, 4:18 PM EDT) -- The Federal Circuit on Wednesday approved the U.S. Commerce Department's methodology for calculating profit cap margins in anti-dumping reviews, finding it reasonable for Commerce to exclude below-cost sales from its calculation when there is uncertainty in the applicable law.

In a unanimous precedential opinion, the three-judge panel overturned a ruling by the Court of International Trade that faulted this Commerce calculation with regard to pasta imports from Italy-based Atar SRL, which resulted in the reduction of import duties from 18.18 percent to 11.76 percent.

The three-judge...
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