JBF RAK LLC v. United States, No. 14-1774 (Fed. Cir. 2015)
Annotate this CaseThe Department of Commerce issued an antidumping duty order covering polyethylene terephthalate (PET) Film from United Arab Emirates (UAE) in 2008. JBF manufactures and exports PET Film from UAE, and, pursuant to 19 U.S.C. 1675(a)(1), in 2011, requested administrative review of the order. Commerce initiated review in December 2011, but before Commerce published its preliminary results, domestic producers filed an allegation of targeted dumping against JBF and argued Commerce should not use the average-to-average comparison method typically used in administrative reviews because that method would not account for the price differences of JBF’s merchandise, but should use an average-to-transaction method of comparison. In December 2012, Commerce published preliminary results, assigning JBF a dumping margin of 5.31% using its average-to-average comparison methodology. Commerce indicated it “did not have sufficient time to fully analyze [the targeted dumping issue] for purposes of these preliminary results” and that it would “address [the domestic producers’] targeted dumping allegation at a later date.” In March 2013, Commerce published a post-preliminary determination addressing the domestic producers’ allegation of targeted dumping. Using an average-to-transaction comparison methodology, Commerce determined JBF had engaged in targeted dumping and assigned a revised dumping margin of 9.80%. The Court of International Trade and Federal Circuit affirmed.
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