Albemarle Corp. v. United States

In 2007, the Department of Commerce investigated imports of “certain activated carbon” from China by the largest volume exporters, Jacobi and CCT. Commerce determined that Huahui and Cherishmet and Shanxi were entitled to separate rates. In its third and final review in 2011, Commerce individually examined Jacobi and CCT. Cherishmet, Shanxi, and Huahui were assigned a separate rate. Huahui unsuccessfully requested individual examination as a voluntary respondent. Commerce determined that Jacobi and CCT, the individually examined respondents, were not dumping, and assigned them de minimis margins. Under 19 U.S.C. 1673d(c)(5), when all individually examined exporters are assigned de minimis margins, the “expected method” is to calculate the separate rate by taking the average of the de minimis margins assigned to the individually examined respondents. If following the expected method would not be feasible or would result in margins that would “not be reasonably reflective of potential dumping margins” for the separate respondents, Commerce may use “other reasonable methods.” Commerce determined that the expected method would result in margins that would not be "reasonably reflective" and calculated separate rates for Huahui, Cherishmet, and Shanxi, continuing to apply previously-assigned margins. The Federal Circuit affirmed the Trade Court in part, holding that Commerce’s use of prior margins was impermissible. Commerce failed to justify using the rate from the prior administrative review. View "Albemarle Corp. v. United States" on Justia Law