Zhejiang Dunan Hetian Metal Co., Ltd. v. United States, 092811 USCIT, 09-00217

Docket Nº:09-00217
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
Judge Panel:Before: Pogue, Chief Judge
Case Date:September 28, 2011
Court:Court of International Trade
 
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ZHEJIANG DUNAN HETIAN METAL CO., LTD. Plaintiff,

v.

UNITED STATES, Defendant,

and

PARKER-HANNIFIN CORP., Defendant-Intervenor.

No. 09-00217

SLIP OP 11-120

United States Court of International Trade

September 28, 2011

Before: Pogue, Chief Judge

ORDER FOR REMAND

Donald C. Pogue, Chief Judge

This remand order follows the Court of Appeals for the Federal Circuit's opinion in Zhejiang Dunan Hetian Metal Co. v. United States, __ F.3d __, 2011 WL 2463651 (Fed. Cir. 2011) ("Zhejiang II"), vacating and remanding this court's previous judgment. See Zhejian Dunan Hetian Metal Co. v. United States, 707 F.Supp.2d 1370 (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, 2011 WL 2463651 at *6–7. Plaintiff also challenged the extent to which Commerce used adverse inferences in its calculation of missing sales data from December 2007. Id. at *10. Finally, Plaintiff challenged the Commerce regulation which used a regression model to calculate a surrogate labor wage rate. See id. at *14.

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 *10. 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 *14. 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 the record. Id. at *12. Therefore, it held that Commerce was...

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