Commerce Must Look At Pencil Importer's Unsolicited Reply

Law360 (July 10, 2019, 6:06 PM EDT) -- The U.S. Court of International Trade on Tuesday kicked back the U.S. Department of Commerce's decision to impose tariffs on a domestic importer of pencils from China, telling the department to take another look at an unsolicited submission it had previously ignored.

Commerce must consider on remand a questionnaire response submitted by Prime Time Commerce LLC, which sells products through retail companies including Amazon.com Inc. and Walmart Inc., during the department's review of an anti-dumping duty on pencils imported from China, CIT Judge Claire R. Kelly ruled.

Prime Time had proffered its response after Ningbo Homey Union Co. Ltd., a Chinese...

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