Federal Circuit - Antidumping duty review, laminated woven sacks from China 

December 13:  The U.S. Court of Appeals for the Federal Circuit today affirmed a decision of the trade court—i.e., the trade court essentially rejected the procedures used by the Commerce Department in its review of an antidumping duty order for Chinese laminated woven sacks. AMS Associates, Inc. v. United States, 2013-1208 (Fed. Cir. December 13, 2013)

The appeal was from a reversal by the U.S. Court of International Trade of Commerce’s final results of a second administrative review of an antidumping duty order for Chinese laminated woven sacks.

This is a case concerns what procedures Commerce must follow when the scope of an existing antidumping duty order is unclear and Commerce seeks to further clarify that scope. In this case, Commerce retroactively suspended liquidation instructions implementing a country-of-origin determination.

As the Federal Circuit found, Commerce has the express authority to conduct a scope inquiry and to clarify the scope of an unclear order during an administrative review. However, both the trade court and the Federal Circuit found that Commerce had exceeded its authority by ordering the suspension of liquidation retroactive to the beginning of the period of review with respect to an antidumping duty order that did not clearly cover laminated woven sacks manufactured in China from imported fabrics.

The conclusion reached by the appeals court was that Commerce had failed to abide by the restrictions imposed on that authority to suspend liquidation to only those entries made on or after the date of initiation of a formal scope inquiry.

Read the Federal Circuit’s decision [PDF 122 KB]

For more information, contact a professional with KPMG’s Trade & Customs practice:

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Luis A. Abad

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Amie Ahanchian

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