CIT Rejects Commerce's Definition of 'Partners' Under AD Affiliation Statute

The Court of International Trade in a decision made public Nov. 15 sustained parts and remanded parts of the antidumping duty investigation on lemon juice from Brazil. Judge Claire Kelly rejected the Commerce Department's definition of "partners" in sending back the agency's finding that exporter Louis Dreyfus Co. Sucos and an unnamed supplier aren't affiliated. Conducting an analysis of the affiliation statute under Loper Bright, Kelly said Congress didn't expressly give Commerce the authority to define the term "partners." The judge then defined the term as "a for profit cooperative endeavor in which parties share in risk and reward." The judge remanded the issue for Commerce to apply this definition in its affiliation analysis between Louis Dreyfus Co. and the supplier.