Fusong Jinlong Wooden Grp. Co. v. United States, No. 19-00144 (Ct. Int'l Trade 2023)
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The court issued a subsequent related opinion or order on March 11, 2024.
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Slip Op. 23-145 UNITED STATES COURT OF INTERNATIONAL TRADE ____________________________________ : FUSONG JINLONG WOODEN GROUP : CO., LTD., ET AL., : : Plaintiffs, : : YIHUA LIFESTYLE TECHNOLOGY : CO., LTD., ET AL., : : Consolidated Plaintiffs, : : and : Before: Richard K. Eaton, Judge : LUMBER LIQUIDATORS SERVICES, : Consol. Court No. 19-00144 LLC, ET AL., : : Plaintiff-Intervenors, : v. : : UNITED STATES, : : Defendant, : : and : : AMERICAN MANUFACTURERS OF : MULTILAYERED WOOD FLOORING, : : Defendant-Intervenor. : ____________________________________: ORDER Before the court is the motion of Defendant United States, on behalf of the Department of Commerce (“Commerce” or the “Department”), for reconsideration, ECF No. 120. Defendant’s motion follows the court’s decision in Fusong Jinlong Wooden Grp. Co. v. United States, 46 CIT __, 617 F. Supp. 3d 1221 (2022) (“Fusong I”), which held that Commerce’s use of Senmao’s highest transaction-specific dumping margin as Sino-Maple’s adverse facts available rate was not Consol. Court No. 19-00144 Page 2 authorized by the statute. The court remanded the final results to Commerce with instructions to “reconsider the method used to select Sino-Maple’s [adverse facts available] rate to comply with the statute, 19 U.S.C. § 1677e(d).” Id., 46 CIT at __, 617 F. Supp. 3d at 1252. Defendant, by its motion, asks the court to find that Commerce’s method for selecting an adverse facts available rate was lawful. Upon consideration of Defendant’s motion, and other papers and proceedings had herein, and upon due deliberation, it is hereby ORDERED that Defendant’s motion is granted, and the court finds that Commerce’s method for selecting an adverse facts available rate for Sino-Maple was lawful; it is further ORDERED that Fusong I is hereby partially vacated, only to the extent the court held that Commerce was prohibited from using Senmao’s highest transaction-specific dumping margin as Sino-Maple’s adverse facts available rate; and it is further ORDERED that, because the court remanded Commerce’s final results solely on this point, the Department is relieved of the obligation to conduct a remand redetermination and file its results. The court will issue a subsequent opinion deciding the issues upon which it previously reserved decision. See id., 46 CIT at __, 617 F. Supp. 3d at 1227 n.8. /s/ Richard K. Eaton Judge Dated: October 4, 2023 New York, New York
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