2012 CIT 159
Ct. Int'l Trade2012Background
- Consolidated challenge to Commerce's Final Results of the 2008–2009 antidumping administrative review of TRBs from China.
- CPZ challenges country of origin for Thailand-processed bearings; Timken challenges various aspects of the dumping margins and pricing.
- CPZ alleges Thai processing added significant value; Commerce determined Chinese origin subject to the antidumping order.
- Commerce split the POR into pre- and post-acquisition periods after SKF acquired CPZ-affiliates; two separate importers (PBCD/Peer and SKF/Peer) were used for assessment rates.
- Court previously remanded in related proceedings; current decision remands for reconsideration of origin, surrogate values, and FOP data.
- Judgment directs remand with a new Remand Redetermination due within 90 days.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether bearings processed in Thailand were substantially transformed | CPZ argues Thailand processing yields Thai origin, not Chinese. | Commerce treated Thai-processed bearings as Chinese origin under its totality-of-circumstances criteria. | Remand required to reconsider origin entirely, applying relevant criteria only. |
| Whether the PBCD/Peer assessment rate was unlawful | CPZ contends method improperly aggregates or misallocates under 351.212(b)(1). | Commerce properly computed importer-specific rates, with discretion under the regulation. | No relief; method upheld as importer-specific and within discretion. |
| Whether the surrogate value for bearing-quality steel bar was supported by best available information | CPZ argues GTA Indian data not best available; Infodrive data more appropriate. | Thai data broadly representative; Thai HTS data deemed closest to input. | Remand required to determine best available surrogate value for steel bar. |
| Whether the surrogate value for roller-quality steel wire rod was appropriate | Thai data may be aberrational; Indonesian/Philippine data could be more appropriate. | Thai HTS data were most specific to circular cross-section rod and comparable development level. | Affirmation that Thai data supported; no remand requested on this point. |
| Whether SKF’s acquisition of CPZ inventory constitutes a sale for U.S. price purposes | Timken claims acquisition sale should be used as U.S. price; otherwise duties misapplied. | No sale price for inventory negotiated; no sale for consumption evidenced. | Remand context; court declines outright relief, but reserves reconsideration on remand. |
Key Cases Cited
- Peer Bearing Company-Changshan v. United States, 804 F. Supp. 2d 1337 (2011) (remand of previous antidumping determination for origin/value issues)
- Zhejiang Dunan Hetian Metal Co. v. United States, 652 F.3d 1333 (Fed. Cir. 2011) (best available information standard for surrogate valuation)
- Corus Staal BV v. United States, 502 F.3d 1370 (Fed. Cir. 2007) (interpretation of production factors and substantial transformation)