Swiff-Train Co. v. United States, No. 14-1814 (Fed. Cir. 2015)
Annotate this CaseAfter receiving antidumping and countervailing duty petitions from an association of U.S. manufacturers of multilayered wood flooring, the International Trade Commission initiated investigations of imports of multilayered wood flooring from China. U.S. importers of multilayered wood flooring from China, participated in the investigations under 19 U.S.C. 1671d(b) and 1673d(b). The Commission found that the domestic multilayered wood flooring industry was materially injured by reason of less-than-fair-value and subsidized subject imports from China. Following remand by the Court of International Trade, the Commission found that “the statutory ‘by reason of’ standard clearly applies to the overall causation analysis to be performed by the Commission,” reopened the record, and continued to find the domestic industry was materially injured by reason of subject imports, stating that “but for the unfairly traded subject . . . imports from China in the U.S. market during the [period of investigation], the domestic industry would have been materially better off both during the housing market collapse and during the developing recovery that followed.” The Trade Court and Federal Circuit affirmed the determination as supported by substantial evidence.
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