The International Trade Administration made its preliminary determination today on Narrow Woven Ribbons with Woven Selvedge. These are ornamental ribbons. Selvedge is a self finished edge.
There were only two companies they reviewed. One they basically found no countervailing and theother they found using "Adverse Facts Available" a duty rate of 118.68%
In there determination they said "In previous CVD investigations into products from the PRC, we have adapted this practice to use the highest rate calculated for the same or similar programs in other PRC CVD investigations." 74 FR 60093. However, instead of doing that they basically double the country wide rate.
I have to read the calculation memo but this seems to be contrary to recent court rulings that even when using AFA the rate should be calculations, "have a probative value of a 'reasonably accurate estimate of respondents actual rate, albiet with some built-in increase as a deterrent to noncompliance'." (Fujian Lianfu Forestry v. United States. slip Op. 09-81. (CIT 2009)(citing F.LLI De Cecco di FilippoFara S. Martino v. United States. 216 F3d at 1032 (Fed. Cir. 2000)))
See my blog entry for August 11th.
This using the highest possible rate was also challenged in Zhejiang Native Produce & Animal By-Prods. Imp. & Exp. Corp. v. United States:
See my blog from August 17th.
The preliminary anti-dumping determination is not due out until February 4th, 2010. The final combined ruling is due out April 19th 2010.
At which point it will be interesting to see if the antidumping and countervailing duties for China amount to double counting. Commerce needs to find a way to asses both NME and CVD without double counting. GPX International Tire v. United States. Slip Op. 09-103.