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Thai Pineapple Canning Industry Corp. v. United States

In case involving determination of antidumping duties, judgment upholding Commerce's determination of a single assessment rate for the entire period of review affirmed; judgment upholding Commerce's methodology for matching costs to sales reversed because cost of production methodology was not reasonable.

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Appealed from: United States Court of International Trade

Judge Jane A. Restani

This case involves the determination of antidumping duties for canned pineapple fruit (“CPF”) from Thailand. Thai Pineapple Canning Industry Corporation (“TPC”) raises two issues on appeal from the Court of International Trade. First, TPC challenges the methodology used in this case by the Department of Commerce (“Commerce”) to determine cost of production and constructed value. The question is what is the proper methodology in computing antidumping margins during a period of rising costs when there is a significant lag time between the production of merchandise and its sale. Second, TPC contends that during an administrative review of an antidumping order, Commerce should not compute a single assessment rate for the entire period of review, but instead should compute two assessment rates, one for the period between Commerce’s preliminary determination of sales at less than fair value and the International Trade Commission’s affirmative injury determination, and a second rate for the remainder of the period of review after the Commission’s injury determination. Because we conclude that Commerce’s cost of production methodology is not reasonable in this case, we reverse the Court of International Trade’s decision on that issue. We affirm the decision regarding the use of a single assessment rate for the entire period of review.

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