Fusong Jinlong Wooden Grp. Co. v. United States

2023 CIT 145

Opinion

Slip Op. 23-145

UNITED STATES COURT OF INTERNATIONAL TRADE

____________________________________

:

FUSONG JINLONG WOODEN GROUP : CO., LTD., ET AL., :

:

Plaintiffs, :

:

YIHUA LIFESTYLE TECHNOLOGY : CO., LTD., ET AL., :

:

Consolidated Plaintiffs, :

:

and : Before: Richard K. Eaton, Judge :

LUMBER LIQUIDATORS SERVICES, : Consol. Court No. 19-00144 LLC, ET AL., :

:

Plaintiff-Intervenors, :

v. :

:

UNITED STATES, :

:

Defendant, :

:

and :

:

AMERICAN MANUFACTURERS OF : MULTILAYERED WOOD FLOORING, :

:

Defendant-Intervenor. :

____________________________________:

ORDER

Before the court is the motion of Defendant United States, on behalf of the Department of

Commerce (“Commerce” or the “Department”), for reconsideration, ECF No. 120. Defendant’s

motion follows the court’s decision in Fusong Jinlong Wooden Grp. Co. v. United States, 46 CIT

__, 617 F. Supp. 3d 1221 (2022) (“Fusong I”), which held that Commerce’s use of Senmao’s

highest transaction-specific dumping margin as Sino-Maple’s adverse facts available rate was not

Consol. Court No. 19-00144 Page 2

authorized by the statute. The court remanded the final results to Commerce with instructions to

“reconsider the method used to select Sino-Maple’s [adverse facts available] rate to comply with

the statute, 19 U.S.C. § 1677e(d).” Id., 46 CIT at __, 617 F. Supp. 3d at 1252. Defendant, by its

motion, asks the court to find that Commerce’s method for selecting an adverse facts available rate

was lawful.

Upon consideration of Defendant’s motion, and other papers and proceedings had herein,

and upon due deliberation, it is hereby

ORDERED that Defendant’s motion is granted, and the court finds that Commerce’s

method for selecting an adverse facts available rate for Sino-Maple was lawful; it is further

ORDERED that Fusong I is hereby partially vacated, only to the extent the court held that

Commerce was prohibited from using Senmao’s highest transaction-specific dumping margin as

Sino-Maple’s adverse facts available rate; and it is further

ORDERED that, because the court remanded Commerce’s final results solely on this

point, the Department is relieved of the obligation to conduct a remand redetermination and file

its results.

The court will issue a subsequent opinion deciding the issues upon which it previously

reserved decision. See id., 46 CIT at __, 617 F. Supp. 3d at 1227 n.8.

/s/ Richard K. Eaton

Judge

Dated: October 4, 2023 New York, New York