CIT Sustains ITC Negative Injury Vote in AD Case After More Explanation on Remand

Negative injury determinations that ended antidumping duty investigations on polyethylene terephthalate resin from Brazil, Indonesia, South Korea, Pakistan and Taiwan in 2018 will stand, after the Court of International Trade sustained a remand redetermination from the International Trade Commission that provided further explanation of the ITC’s decisions without any changes to the end result.

In a decision issued May 3 but not publicly released until May 6, CIT ruled that, although the ITC continued to find that there was no adverse impact to U.S. industry in light of overselling by foreign exporters and other, unrelated causes of injury to U.S. industry, additional explanation provided by the ITC satisfied the court’s June remand order.

“Upon review of its Remand Views, the court now sustains the Commission’s determination. After previously pointing to the Commission’s failure to explain and address certain evidence, counter-arguments, and past decisions that separately and collectively undermined its conclusions, the court now determines that with further explanation the Commission’s conclusions are support[ed] by substantial evidence and in accordance with law,” CIT said.

Plaintiffs DAK Americas, Indorama Ventures USA and Nan Ya Plastics Corporation continued to contest the ITC’s remand results, but CIT found the ITC’s determinations reasonable and deferred to the agency’s interpretations. “Many of Plaintiffs’ remaining issues with the Commission’s conclusions stem from their own view of the record rather than a failure by the Commission to comply with the court’s remand instructions,” the trade court said.

(DAK Americas LLC v. U.S., Slip Op. 21-52, CIT # 18-00238, Judge Gary Katzmann. Attorneys: Paul Rosenthal of Kelly Drye for plaintiffs DAK Americas LLC, Indorama Ventures USA, Inc. and Nan Ya Plastics Corporation, America; Brian Allen of ITC for defendant U.S. government; Brenda Jacobs of Jacobs Global Trade & Compliance for defendant-intervenors Novatex Limited and G-PAC Corporation; John Peterson of Neville Peterson for defendant-intervenor Niagara Bottling, LLC; Susan Esserman of Steptoe & Johnson for defendant-intervenor iResin, LLC.)