CIT Orders Fix to Non-Individual AD Rates Following CAFC Opinion on Wood Flooring AD Case

The Court of International Trade in a June 2 opinion remanded an antidumping administrative review on multilayered wood flooring from China back to the Commerce Department after a related ruling in the Court of Appeals for the Federal Circuit found the mandatory respondents to not be subject to the AD order. In the remand, Commerce is to determine a new rate for the separate rate respondents in the review now that the existing 0.79% dumping margin for the mandatory respondents no longer applies.

Judge Timothy Stanceu also found that two exporters, Fine Furniture (Shanghai) Ltd. and Dunhua City Jisen Wood Industry Co., can remain parties to the litigation despite the Federal Circuit decision removing them from the AD order. The two may remain on the case until "the court has received notice that each has obtained its full relief, i.e., that all of their respective entries covered by this appeal have been liquidated and all excess duties refunded."