Chinese Garlic Producers Win Antidumping Ruling

(CN) - The Court of International Trade overturned portions of an antidumping duty imposed on Chinese producers and exporters of fresh garlic. Judge Ridgway said the U.S. government's calculations on "garlic bulb, ocean freight, packing cartons, and plastic jars, and its calculation of the applicable wage rate, cannot be sustained on the existing record."

The Chinese producers challenged the U.S. Department of Commerce's 10th administrative review of fresh garlic by contesting: "(1) Commerce's decision to utilize an intermediate input methodology in valuing fresh garlic bulb; (2) Commerce's valuation of fresh garlic bulb using a specific subset of domestic Indian pricing data; (3) Commerce's wage rate calculation; (4) Commerce's valuation of ocean freight; (5) Commerce's valuation of packing cartons; (6) Commerce's valuation of plastic jars; and (7) Commerce's inclusion of certain labor expenses as part of manufacturing overhead."

The trade court rejected the first and last claims, but ruled for the Chinese producers and exporters on the remaining claims.

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Email *

Submit