Federal Circuit - Antidumping duty order on plastic bags from Thailand affirmed 

March 31:  The U.S. Court of Appeals for the Federal Circuit today affirmed a decision of the Court of International Trade (that in turn, had affirmed the U.S. Commerce Department’s final results of an antidumping duty order) concerning polyethylene retail carrier bags imported in to the United States from Thailand. Thai Plastic Bags Industries Co., Ltd. v. United States, 2013-1322 (Fed. Cir. March 31, 2014)

In this case, the Commerce Department disregarded the below-cost sales of the bags (having determined the sales of the bags may have been made at prices below the cost of production) and on finding that the normal value exceeded the export price to the United States, calculated the applicable antidumping duty margin. The trade court sustained Commerce’s rejection of the cost-allocation methodologies and reallocation of costs.

The trade court found Commerce’s determinations were supported by substantial evidence and in accordance with law, and the Federal Circuit today affirmed.

Read the Federal Circuit’s decision [PDF 155 KB]

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