Fed. Circ. Nixes Chinese Co.'s Try For New Garlic-Duty Review
By Kurt Orzeck
Law360, Los Angeles (February 10, 2014, 6:24 PM ET) -- The Federal Circuit on Monday issued a per curium affirmation of the U.S. Court of International Trade's decision that Jinxiang Chengda Import & Export Co. Ltd. failed to present commercially reasonable sales of its peeled-garlic products during a shipper review.
The case, which was argued before the appeals court on Wednesday, is believed to be the first in which an exporter has appealed to the Federal Circuit after the CIT upheld the finding of a non-bona fide sale by the U.S. Department of Commerce.