CIT Sustains Rescission of China Garlic New Shipper Review for No Commercial Sales

The Court of International Trade sustained the rescission of a new shipper review on fresh garlic from China for Zhengzhou Huachao Industrial, agreeing with Commerce’s determination that the company’s sale under review wasn’t commercial in nature. The high price, low quantity, and unusual circumstances of the sale meant it wasn’t bona fide, and couldn’t form the basis for a separate antidumping duty rate, Commerce had said. In the face of Zhengzhou Huachao’s challenge, the court found each of Commerce’s findings reasonable.