792 F.Supp.2d 1364 (CIT 2011), 09-00217, Zhejiang Dunan Hetian Metal Co., Ltd. v. United States

Docket Nº:Court 09-00217.
Citation:792 F.Supp.2d 1364
Opinion Judge:DONALD C. POGUE, Chief Judge.
Party Name:ZHEJIANG DUNAN HETIAN METAL CO., LTD., Plaintiff, v. UNITED STATES, Defendant, and Parker-Hannifin Corp., Defendant-Intervenor. Slip Op. 11-120.
Case Date:September 28, 2011
Court:Court of International Trade
 
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Page 1364

792 F.Supp.2d 1364 (CIT 2011)

ZHEJIANG DUNAN HETIAN METAL CO., LTD., Plaintiff,

v.

UNITED STATES, Defendant,

and

Parker-Hannifin Corp., Defendant-Intervenor.

Slip Op. 11-120.

Court No. 09-00217.

United States Court of International Trade.

September 28, 2011

ORDER FOR REMAND

DONALD C. POGUE, Chief Judge.

This remand order follows the Court of Appeals for the Federal Circuit's opinion

Page 1365

in Zhejiang Dunan Hetian Metal Co. v. United States, 652 F.3d 1333 (Fed.Cir.2011) (" Zhejiang II " ), vacating and remanding this court's previous judgment. See Zhejiang DunAn Hetian Metal Co. v. United States, 707 F.Supp.2d 1355 (CIT 2010) (" Zhejiang I " ).

In Zhejiang I, this court held, in part, that 1) the United States Department of Commerce (" Commerce" ) properly included data from Japan, France, and the United Arab Emirates (" UAE" ) when calculating surrogate value for brass bar; 2) Commerce reasonably applied an adverse inference to certain sales of frontseating service valves (" FSVs" ); and 3) Commerce's use of the regression model provided by its regulation for calculating a surrogate wage rate was reasonable. Zhejiang I, 707 F.Supp.2d at 1366, 1380, 1371.

On appeal, Plaintiff, Zhejiang Dunan Hetian Metal Co. (" Zhejiang" ), argued that when calculating a surrogate value for brass bar, Commerce erred in including World Trade Atlas (" WTA" ) Indian import data that included data from Japan, France, and the UAE because data from another source, InfoDrive, suggested that imports from these countries were improperly classified. See Zhejiang II, 652 F.3d at 1340-42. Plaintiff also challenged the extent to which Commerce used adverse inferences in its calculation of missing sales data from December 2007. Id. at 1344-45. Finally, Plaintiff challenged the Commerce regulation which used a regression model to calculate a surrogate labor wage rate. See id. at 1348-49.

The Federal Circuit affirmed this court's holding that Commerce reasonably included data on imports of brass bar from Japan, France, and the UAE. Id. at 1344-45. The Federal Circuit vacated and remanded with regards to Commerce's use of an adverse inference in the calculation of December 2007 sales. Id. at 1348-49. The Federal Circuit found that the sale price of each FSV was determined by an earlier agreement and the gross price of December FSV sales was on...

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