Foshan Shunde Yongjian Housewares & Hardwares Co., Ltd. v. United States
2013 Ct. Intl. Trade LEXIS 26
Ct. Intl. Trade2013Background
- This action challenges Commerce’s final results of the antidumping administrative review of Floor-Standing, Metal-Top Ironing Tables from China.
- Commerce used Indonesia as the surrogate country for valuing factors of production; Foshan Shunde argued India should have been used.
- The court sustained the surrogate country selection but remanded on steel wire input valuation.
- Remand also addressed related issues: financial statement selection, brokerage/handling surrogate values, and zeroing, with stays where applicable.
- The court applied substantial evidence review and Chevron-type reasonableness standards to Commerce’s determinations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Indonesia reasonable as the surrogate country for FOP valuation? | Shunde argues India was more appropriate and that the list was late. | Commerce followed its contemporaneous, established criteria (GNI, producer significance, data availability). | Yes; surrogate country selection sustained. |
| Was Foshan Shunde denied notice and comment under the APA? | Removal of India warranted APA notice and comment. | Surrogate selection is a factual determination, not rulemaking. | No; APA notice and comment not applicable. |
| Is Commerce’s valuation of steel wire input under Indonesian HTS appropriate? | Argues Indonesian HTS 7217.10.1000 should be used for low-carbon wire. | Indonesian HTS 7217.10.3900 is the best available information; exhaustion was satisfied; India data not properly considered. | Remand to reconsider the steel wire surrogate value. |
Key Cases Cited
- Nippon Steel Corp. v. United States, 458 F.3d 1345 (Fed. Cir. 2006) (substantial evidence and reasonableness review in agency determinations)
- Consolo v. United States, 383 U.S. 607 (1986) (fundamental concept of reasonableness in administrative decisions)
- Consolidated Edison Co. v. NLRB, 305 U.S. 197 (1938) (substance of substantial evidence and reasonableness standard)
- Chevron U.S.A., Inc. v. NRDC, 467 U.S. 837 (1984) (two-step framework for judicial review of agency interpretations)
- Dorbest Ltd. v. United States, 462 F. Supp. 2d 1262 (Fed. Cir. 2006) (framework for surrogate country selection and data valuation)