Floral Trade Council of Davis, Cal. v. U.S., No. 89-1425

CourtUnited States Courts of Appeals. United States Court of Appeals for the Federal Circuit
Writing for the CourtBefore FRIEDMAN, RICH, and MICHEL; MICHEL
Citation888 F.2d 1366
Decision Date01 November 1989
Docket NumberNo. 89-1425
PartiesFLORAL TRADE COUNCIL OF DAVIS, CALIFORNIA, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee, and Asociacion Colombiana De Exportadores De Flores, Association of Floral Importers of Florida, and CFX, Inc., Defendants-Appellees.

Page 1366

888 F.2d 1366
11 ITRD 1785
FLORAL TRADE COUNCIL OF DAVIS, CALIFORNIA, Plaintiff-Appellant,
v.
The UNITED STATES, Defendant-Appellee,
and
Asociacion Colombiana De Exportadores De Flores, Association
of Floral Importers of Florida, and CFX, Inc.,
Defendants-Appellees.
No. 89-1425.
United States Court of Appeals,
Federal Circuit.
Nov. 1, 1989.

Page 1367

Terence P. Stewart, Stewart & Stewart, Washington, D.C., argued, for plaintiff-appellant. With him on the brief, were Eugene L. Stewart, James R. Cannon, Jr. and Charles A. St. Charles.

M. Martha Ries, Dept. of Justice, Washington, D.C., argued, for defendant-appellee. Patrick F.J. Macrory, of Arnold & Porter, Washington, D.C., argued for defendant-appellee. With him on the brief, were Spencer S. Griffith and Gwyn F. Murray.

Before FRIEDMAN, RICH, and MICHEL, Circuit Judges.

MICHEL, Circuit Judge.

Floral Trade Council of Davis, California (Floral Trade Council) appeals the decision of the United States Court of International Trade upholding the International Trade Administration's (ITA's) decision not to review named importers of Colombian flowers, Floral Trade Council v. United States, 692 F.Supp. 1387, 1389 (Ct.Int'l Trade 1988), and the trial court's decision, after remand to the ITA, that the ITA reasonably rejected Floral Trade Council's request to investigate unnamed suppliers of named importers, or, alternatively, all Colombian growers. Floral Trade Council v. United States, 707 F.Supp. 1343, 1344 (Ct. Int'l Trade 1989).

BACKGROUND

In March of 1987, ITA published its final determination that sales of certain imported

Page 1368

flowers from Colombia were being made at less than fair value and imposed antidumping duties. Certain Fresh Cut Flowers from Colombia, 52 Fed.Reg. 6842 (Dep't Comm.1987). On March 8, 1988, ITA published a notice allowing all interested parties until March 31, 1988, to request an administrative review of the antidumping duty rate. Opportunity to Request Administrative Review, 53 Fed.Reg. 7383 (Dep't Comm.1988).

On March 31, 1988, Floral Trade Council requested an administrative review, inter alia, of sales by six designated Colombian exporters and of sales to twenty-four designated importers and brokers of Colombian flowers and requested that ITA "issue questionnaires to each of these importers requesting price data as well as the identity of their suppliers in each of the countries subject to an antidumping order." Joint App. at 21-22, Floral Trade Council (No. 89-1425). Floral Trade Council was notified April 12, 1988, that ITA denied its request to investigate twenty-four importers and brokers and to issue questionnaires. Id. at 25. On April 18, Floral Trade Council submitted a second letter to ITA requesting a review of sales by their unnamed suppliers to the twenty-four named importers or, in the alternative, inclusion of "all Colombian growers and their related party importers and consignment agents in the review." Id. at 36.

The ITA did not initiate a review of such suppliers or all Colombian growers. Floral Trade Council then brought suit in the Court of International Trade challenging ITA's denial of its request for an administrative review. The court held that ITA need not initiate a review based on the naming of importers, but reasonably required "that a domestic party name the producers or exporters it wishes reviewed in an antidumping case so that the rates applicable to such producers or exporters may be redetermined." Floral Trade Council v. United States, 692 F.Supp. 1387, 1389 (Ct.Int'l Trade 1988).

The trial court remanded the case to the ITA for a decision whether ITA would accept Floral Trade Council's April 18 letter requesting review of suppliers of named importers, or alternatively, all Colombian growers. Id. at 1390. Upon remand the ITA concluded that it could not practicably identify the unnamed suppliers of the named importers and that the alternative request, to review all Colombian growers, was untimely made. See Floral Trade Council v. United States, 707 F.Supp. 1343, 1344 (Ct.Int'l Trade 1989). The ITA therefore decided not to conduct an administrative review based on the April 18 letter. The trial court upheld that decision as reasonable. Id. at 1345.

Floral Trade Council timely appealed the final judgment of the Court of International Trade, based on its two opinions, under 28 U.S.C. Sec. 2645(c) (1982) and we have jurisdiction under 28 U.S.C. Sec. 1295(a)(5).

OPINION

I. Questions Presented

This case presents three questions: (1) whether 19 C.F.R. Sec. 353.53a(a)(1) (1988) is a reasonable regulation and is in accord with its statutory predicate, 19 U.S.C. Sec. 1675(a)(1) (1982 & Supp. V 1987); (2) whether ITA acted reasonably in declining to review sales to named importers by their unnamed suppliers; and (3) whether ITA acted reasonably in rejecting as...

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19 practice notes
  • N.M. Garlic Growers Coal. v. United States, Slip Op. 18-162
    • United States
    • U.S. Court of International Trade
    • 26 Noviembre 2018
    ...previously provided for mandatory annual reviews of antidumping duty orders. Floral Trade Council of Davis, Cal. v. United States , 888 F.2d 1366, 1369 (Fed. Cir. 1989) (citing 19 U.S.C. § 1675(a)(1) (1982) ); see also Trade Agreement Act of 1979, Pub. L. No. 96–39, § 751, 93 Stat. 144. In ......
  • Decca Hospitality Furnishings, LLC v. U.S., Slip Op. 06-43.
    • United States
    • U.S. Court of International Trade
    • 4 Abril 2006
    ...de Exportadores de Flores v. United States, 903 F.2d 1555, 1559 (Fed.Cir. 1990); Floral Trade Council of Davis, Cal. v. United States, 888 F.2d 1366, 1369 (Fed.Cir. 1989). The process of review, called an "administrative review," establishes the actual liability the importer bears. 19 C.F.R......
  • Sugiyama Chain Co., Ltd. v. US, Court No. 90-11-00605.
    • United States
    • U.S. Court of International Trade
    • 30 Junio 1992
    ...of the statutes it administers is accorded substantial weight. Floral Trade Council v. United States, 8 Fed.Cir. (T) ___, ___, 888 F.2d 1366, 1368 (1989) (citing Zenith Radio Corp. v. United States, 437 U.S. 443, 450-51, 98 S.Ct. 2441, 2445-46, 57 L.Ed.2d 337 (1978) and American Lamb Co. v.......
  • Sigma Corp. v. US, Court No. 91-02-00154. Slip Op. 93-230.
    • United States
    • U.S. Court of International Trade
    • 8 Diciembre 1993
    ...within the deadline set by the regulation." Floral Trade Council v. United States, 13 CIT 142, 144, 707 F.Supp. 1343, 1344-45, aff'd, 888 F.2d 1366 (Fed.Cir. 1989). It is clear to the Court in this case that the request was not clear, understandable and comprehensive. The request clearly di......
  • Request a trial to view additional results
16 cases
  • N.M. Garlic Growers Coal. v. United States, Slip Op. 18-162
    • United States
    • U.S. Court of International Trade
    • 26 Noviembre 2018
    ...previously provided for mandatory annual reviews of antidumping duty orders. Floral Trade Council of Davis, Cal. v. United States , 888 F.2d 1366, 1369 (Fed. Cir. 1989) (citing 19 U.S.C. § 1675(a)(1) (1982) ); see also Trade Agreement Act of 1979, Pub. L. No. 96–39, § 751, 93 Stat. 144. In ......
  • Decca Hospitality Furnishings, LLC v. U.S., Slip Op. 06-43.
    • United States
    • U.S. Court of International Trade
    • 4 Abril 2006
    ...de Exportadores de Flores v. United States, 903 F.2d 1555, 1559 (Fed.Cir. 1990); Floral Trade Council of Davis, Cal. v. United States, 888 F.2d 1366, 1369 (Fed.Cir. 1989). The process of review, called an "administrative review," establishes the actual liability the importer bears. 19 C.F.R......
  • Sugiyama Chain Co., Ltd. v. US, Court No. 90-11-00605.
    • United States
    • U.S. Court of International Trade
    • 30 Junio 1992
    ...of the statutes it administers is accorded substantial weight. Floral Trade Council v. United States, 8 Fed.Cir. (T) ___, ___, 888 F.2d 1366, 1368 (1989) (citing Zenith Radio Corp. v. United States, 437 U.S. 443, 450-51, 98 S.Ct. 2441, 2445-46, 57 L.Ed.2d 337 (1978) and American Lamb Co. v.......
  • Sigma Corp. v. US, Court No. 91-02-00154. Slip Op. 93-230.
    • United States
    • U.S. Court of International Trade
    • 8 Diciembre 1993
    ...within the deadline set by the regulation." Floral Trade Council v. United States, 13 CIT 142, 144, 707 F.Supp. 1343, 1344-45, aff'd, 888 F.2d 1366 (Fed.Cir. 1989). It is clear to the Court in this case that the request was not clear, understandable and comprehensive. The request clearly di......
  • Request a trial to view additional results

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