CIT Remands Chinese Garlic Duty Review To Commerce

Law360, New York (September 27, 2011, 8:11 PM EDT) -- The Court of International Trade on Monday remanded several components of an anti-dumping determination on garlic from China back to the U.S. Department of Commerce for review, ruling the agency’s findings were flawed. 

The court held that Commerce had not adequately shown that its selection of Indian garlic as the surrogate for fresh Chinese garlic was appropriate or comparable when estimating Chinese producers’ antidumping margins.

Commerce’s justifications for using Indian garlic were “full of broad, sweeping, conclusory assertions ... however, the data simply does not back...
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