CIT Remands Zinus Indonesia Mattress Case, Says Facts Otherwise Available Unwarranted

The Court of International Trade on Feb. 20 sustained the Commerce Department’s application of the Transactions Disregarded Rule to calculate mattress exporter Zinus Indonesia’s normal value in an AD investigation. However, it remanded Commerce’s decision, in constructing Zinus Indonesia’s export price, to apply a quarterly financial ratio to the mattresses of Zinus’ U.S. affiliate that were still in transit at the end of the period of review; doing so was using facts otherwise available, the court said, and Commerce should have first asked Zinus Indonesia for the relevant missing information. CIT also granted Commerce a voluntary remand on its decision to exclude Zinus Korea’s selling expenses from Zinus Indonesia’s constructed value so that the department could consider more evidence that the Korean affiliate helped Zinus Indonesia sell its products (PT. Zinus Global Indonesia v. U.S., CIT # 21-00277).