Communications Litigation Today was a Warren News publication.

Aluminum Foil Exporters Challenge Choice of Romania as Surrogate Country in AD Review

A Chinese aluminum foil exporter filed a complaint Jan. 8 at the Court of International Trade challenging the results of a 2021-2022 administrative review of the antidumping duty order covering their products (Jiangsu Dingsheng New Materials Joint-Stock Co. v. U.S., CIT # 23-00264).

Jiangsu Dingsheng New Materials Joint-Stock Co., a mandatory respondent, received a 32.81% AD rate as a result of the review. Dingsheng said in its complaint that Commerce should have used Malaysia or Bulgaria, not Romania, as a surrogate market economy country for China when calculating Dingsheng’s factors of production. It also said it should have been granted a double remedies adjustment.

It asked CIT to find Commerce’s decisions were illegal and unsupported by evidence, and requested the court remand the results of the review so that Commerce can issue a new determination in line with the court’s holding.

Dingsheng was joined on the complaint by six of its affiliates.