Judge Sends China Plywood Anti-Dumping Decision Back to ITC

A U.S. Court of International Trade judge has remanded the International Trade Commission decision not to impose anti-dumping and countervailing duties on hardwood plywood from China, according to the Hardwood Plywood & Veneer Association, an appellant in the case.

Judge Eaton’s opinion is available only to case participants until a public version is prepared. The HPVA said Eaton found the ITC did not consider the magnitude of the dumping margins in its determination of no material injury. He also found the ITC failed to consider the magnitude of the subsidy margins.

“Dumping Chinese-made products at 50-125% into our markets presumptively harms U.S. producers,” HPVA President Kip Howlett said in a statement. “Any other decision defies simple logic.”

Eaton’s opinion is in response to a petition filed in 2014 by The Coalition for Fair Trade of Hardwood Plywood. The CFTHP complaint alleged the ITC’s decision against imposing anti-dumping and countervailing duties was not supported by substantial evidence.

The original decision stemmed from a 5-0 vote by the ITC in 2013 that the U.S. industry is not injured or threatened with material injury by imports of hardwood plywood from China.

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