Trade court - Exporter concedes to misrepresenting shipments 

January 7: The U.S. Court of International Trade denied a German company’s request that the trade court compel the Commerce Department (1) to strike part of an intervenor’s submission of factual information, or (2) to disclose certain withheld information in a case concerning lightweight thermal paper imports. Papierfabrik August Koehler SE v. United States, Slip Op. 14-1 (CIT January 6, 2014).

Read the trade court’s order [PDF 450 KB]

Summary

The case concerns the Commerce Department’s review of a German company’s sales of lightweight thermal paper for a one-year period pursuant to an antidumping duty administrative review.


During Commerce’s review, an intervenor alleged that the German company concealed home market sales during the review period (and put this information in brackets as having been obtained from a confidential source). It was requested that Commerce not disclose this information because it was business proprietary information or, alternatively, because there was a clear and compelling need to withhold the information from disclosure.


The German company objected to Commerce’s withholding of the information, and initially characterized the affidavit as “fictional.” Later, however, the German company admitted that it did not report certain home market sales.


Commerce applied a total adverse facts available standard, and imposed a dumping margin of 75.36% in part because the German company (1) admitted to a transshipment scheme, and (2) admitted to excluding certain reportable sales in Germany.


The German company filed this action to contest the final results, and the immediate action before the trade court was for an order compelling Commerce to strike the affidavit or to disclose the withheld information. The trade court agreed with Commerce that the motion was not properly filed pursuant to 19 U.S.C. section 1677f(c)(2).



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