Home Products International, Inc. v. United States
2012 CIT 60
Ct. Intl. Trade2012Background
- This consolidated action challenges Commerce's antidumping duty order on Floor-Standing, Metal-Top Ironing Tables from China and the Final Results.
- The court remanded to Commerce to explain the exclusion of Indian labor data under ISIC Revision 3 in calculating surrogate wages.
- On remand, Commerce included Indian data (ISIC Revisions 2 & 3) and added Nicaragua data, altering Since Hardware’s margin from 67.37% to 66.06%.
- Since Hardware challenges the remand scope and the potential retroactive application of a new labor wage rate policy.
- The court sustains the Remand Results and denies Since Hardware’s reconsideration; it grants Home Products’ reconsideration to remand the carton-input calculation.
- The remand will require Commerce to explain why Since Hardware’s market-economy carton purchases exceed 33% of total carton purchases during the period of review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Indian data on remand | Since Hardware: remand must address broader Shandong issues and include Indian data. | Remand limited to ISIC Revision 3 data excluding Indian data. | Remand proper; Indian data included; margin recalculated. |
| Labor wage policy retroactivity | Apply the new Labor Wage Rate Policy on remand. | Policy not retroactive to this proceeding. | New Labor Wage Rate Policy not applied retroactively. |
| Scope of remand regarding Shandong issues | Remand should address all issues raised in Shandong. | Remand limited to the specific ISIC data issue. | Court limited remand to the ISIC data issue; broader issues not required. |
Key Cases Cited
- Home Prod. Int'l, Inc. v. United States, 810 F. Supp. 2d 1373 (Ct. Int'l Trade 2012) (remand scope and surrogate value issues discussed)
- Grobest & I-Mei Indus. Co. v. United States, 815 F. Supp. 2d 1342 (Ct. Int'l Trade 2012) (abuse of discretion and procedural deadlines discussed)