Fed. Circ. Told Commerce Discourages Importer Cooperation

Law360, Washington (May 9, 2013, 3:41 PM EDT) -- Hawaiian importer KYD Inc. pushed a Federal Circuit panel Thursday to lower its plastic bag duty rates despite the U.S. Department of Commerce's resistance, saying Commerce should have considered KYD's cooperation in an investigation of its supplier and its decision will discourage others from working with the agency in the future.

According to KYD, it handed over pricing data and other records to assist Commerce's investigation of Thai producer King Pac Industrial Co. Ltd., which declined to participate in Commerce’s review, only to find itself ultimately...
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