CIT Largely Upholds China Silicon Metal AD Review Results

Domestic and foreign producers both contested the June 2007 - May 2008 AD administrative review results for silicon metal from China. U.S. producer Globe Metallurgical Inc. argued that the International Trade Administration should: 1) reduce U.S. prices in the dumping margin calculation to account for export and value added taxes in China; 2) use invoice dates, not entry dates, to define U.S. sales, and 3) use coking rather than non-coking coal values in input costs. Chinese producers Shanghai Jinneng International Trade Co., Ltd. and Jiangxi Gangyuan Silicon Industry Company, Ltd. argued that the ITA should not use an allegedly distressed or “sick” Indian surrogate company in the calculation of overhead, profit and S, G & A expense ratios, or should at least recalculate that company’s ratios to reflect an asset sale and miscellaneous income. The Court of International Trade remanded only this last issue, the surrogate company’s income and expense calculations, for further explanation, and upheld all the other contested aspects of the review.

(Slip Op. 11-72, decided 06/21/11)