Heze Huayi Chemical Co., Ltd. and Juancheng Kangtai Chemical Co., Ltd. v. United States
by: Reif

Section: Federal Circuit and CIT Case Summaries

The CIT sustained Commerce’s final determination in the AD administrative review of chlorinated isocyanurates from China. The CIT sustained 1) Commerce’s selection of Mexico as primary surrogate country, 2) Commerce’s selection of surrogate values and financial statements and 3) Commerce’s CIF adjustment. The court found that Commerce’s determination that Mexico was a “significant producer of comparable merchandise” was permissible under the statute and therefore, Commerce met its obligation to use the “best available information” in selecting Mexico as a primary surrogate country. The court also found that Commerce reasonably exercised its discretion in selecting surrogate values and that the agency provided a legitimate reason for its use and adjustment of FOB data.