Yancheng Baolong Biochemical v. U.S., 03-1059.

Citation337 F.3d 1332
Decision Date04 August 2003
Docket NumberNo. 03-1059.,03-1059.
PartiesYANCHENG BAOLONG BIOCHEMICAL PRODUCTS COMPANY, LTD., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and Crawfish Processors Alliance, Louisiana Department of Agriculture & Forestry, and Bob Odom, Commissioner, Defendants.
CourtUnited States Courts of Appeals. United States Court of Appeals for the Federal Circuit

J. Kevin Horgan, deKieffer & Horgan, of Washington, DC, argued for plaintiff-appellant.

A. David Lafer, Senior Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Robert D. McCallum, Jr., Associate Attorney General; and David M. Cohen, Director.

Before MAYER, Chief Judge, NEWMAN and PROST, Circuit Judges.

MAYER, Chief Judge.

Yancheng Baolong Biochemical Products Company, Ltd. ("YBB") appeals the judgment of the Court of International Trade upholding the Department of Commerce's ("Commerce") rescission of its antidumping duty review of YBB's imports because YBB made no sales of the subject merchandise during the period of review. Yancheng Baolong Biochemical Prods. Co. v. United States, 219 F.Supp.2d 1317 (CIT 2002). Because substantial evidence supports Commerce's decision to rescind the review, we affirm.

Background

In 1997, Commerce issued an antidumping duty order on freshwater crawfish tail meat from the People's Republic of China. See Notice of Final Determination of Sales at Less Than Fair Value: Freshwater Crawfish Tail Meat From the People's Republic of China, 62 Fed. Reg. 41,347-02 (Aug. 1, 1997). In September of 1999, YBB requested that its exports be included in the administrative review of the order for the period of review September of 1998 to September of 1999. Commerce rescinded the review with respect to YBB in April of 2001 because it concluded that YBB had made no sales to the United States during the period of review. Freshwater Crawfish Tail Meat from the People's Republic of China; Notice of Final Results of Antidumping Duty Administrative Review and New Shipper Reviews, and Final Partial Rescission of Antidumping Duty Administrative Review, 66 Fed. Reg. 20634, 20635 (Apr. 24, 2001). Commerce found instead, that Yancheng Asia Europe Seafoods, Co., Ltd. ("Asia Europe"), with whom YBB executed a management agreement dated February 5, 1999, was the seller of the subject merchandise. YBB appealed to the Court of International Trade. The court affirmed Commerce's rescission, finding that substantial evidence supported Commerce's determinations that YBB made no sales in the relevant period, and that YBB and Asia Europe were not a single entity. YBB, 219 F.Supp.2d at 1320. YBB appeals and we have jurisdiction pursuant to 28 U.S.C. § 1295(a)(5).

Discussion

We review the grant of judgment on the agency record by the Court of International Trade without deference. PPG Indus., Inc. v. United States, 978 F.2d 1232, 1236 (Fed.Cir.1992). We apply anew the same standard used by the court, Camargo Correa Metais, S.A. v. United States, 200 F.3d 771, 773 (Fed.Cir.1999), and will uphold Commerce's determination unless it is "unsupported by substantial evidence on the record, or otherwise not in accordance with law," 19 U.S.C. § 1516a(b)(1)(B)(i) (2000). Commerce may rescind an administrative review with respect to a particular exporter if, "during the period covered by the review, there were no entries, exports, or sales of the subject merchandise, as the case may be." 19 C.F.R. § 351.213(d)(3) (2002).

YBB argues that substantial evidence does not support Commerce's conclusion that it did not export the subject merchandise. But YBB passed its sales contracts to Asia Europe in exchange for management services because it could not fulfill the contracts. The management contract between YBB and Asia Europe states that "Party A [Asia Europe] will clear customs in USA in the name of Party B[YBB] during exporting and selling the...

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8 cases
  • Yancheng Baolong Biochemical v. U.S., Slip Op. 04-42.
    • United States
    • U.S. Court of International Trade
    • April 28, 2004
    ...The Court of Appeals affirmed this Court's decision in the underlying case on August 4, 2003. Yancheng Baolong Biochemical Prods. Co., Ltd. v. United States, 337 F.3d 1332, 1333-34 (Fed.Cir.2003). Specifically, the Court of Appeals affirmed this Court's holding that Commerce reasonably resc......
  • Chia Far Indus. Factory Co., Ltd. v. U.S., SLIP OP. 04-94.
    • United States
    • U.S. Court of International Trade
    • August 2, 2004
    ......In fact, Chia Far states: "[w]ho among us remembers every document we signed seven years ago? ....          See Yancheng Baolong Biochem. Prods. Co. v. United States, 337 F.3d ......
  • Lincoln General Ins. Co. v. U.S., Slip Op. 05-162. Court No. 03-00546.
    • United States
    • U.S. Court of International Trade
    • December 22, 2005
    ...aff'd Appeal No. 05-1230, 158 Fed.Appx. 284 (Fed.Cir. Nov.21, 2005) (unpublished mem.); Yangcheng Baolong Biochemical Products Co., Ltd. v. United States, 337 F.3d 1332 (Fed.Cir.2003) (affirming rescission of review where exporter made no sales to U.S. during period of review), but its reas......
  • Yancheng Baolong Biochemical Products Co. v. U.S.
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • May 11, 2005
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