Zhejiang Native Produce & Animal By-Products Import & Export Corp. v. United States

30 Ct. Int'l Trade 725, 2006 CIT 85

• Court: United States Court of International Trade
• Decided: June 6, 2006
• Docket: Court 02-00057
• Status: Published

Opinion

ORDER

EATON, Judge:

This matter comes before the court pursuant to the decision of the United States Court of Appeals for the Federal Circuit (“CAFC”) in Zhejiang Native Produce & Animal By-Products Import & Export Corp. v. United States, 432 F.3d 1363 (Fed. Cir. 2005), and the CAFC mandate of February 21, 2006, reversing and remanding the judgment of this court in Zhejiang Native Produce & Animal By-Products Import & Export Corp. v. United States, 28 CIT _, slip op. 04-109 (Aug. 26, 2004) (not reported in the Federal Supplement).

In its decision, the CAFC held that substantial evidence did not support the finding of critical circumstances by the United States Department of Commerce (“Commerce”) based on an imputation of knowledge to plaintiffs that their honey was being sold, or was likely to be sold, in the United States at less than fair value.

Therefore, in accordance with the CAFC’s mandate, it is hereby

ORDERED that this matter is remanded to Commerce for further consideration of its critical circumstances finding, provided that in no event shall Commerce impute to plaintiffs any knowledge prohibited by the CAFC’s decision, and it is further

ORDERED that Commerce’s remand results are due on September 4, 2006, comments are due on October 4, 2006, and replies to such comments are due on October 16, 2006.