U.S. Court of International Trade Rejects Chinese Honey Exporter’s Attempt to Lower Its Anti-Dumping Duty

Plaintiff Dongtai Peak Honey Industry Co., Ltd. (“Peak”), moved for judgment on the agency record contesting the United States Department of Commerce’s(“Commerce”) determination in Administrative Review of Honey From the People’s Republic of China: Final Results of Anti-dumping Duty Administrative Review, 77 Fed. Reg. 70,417 (Nov. 26, 2012) (“Final Results”). Commerce and defendant-intervenors American Honey Producers Association and Sioux Honey Association opposed Peak’s motion.

CONCLUSION
Commerce’s decision to deny Peak’s untimely extension requests and remove the extension requests and Peak’s supplemental section A questionnaire response from the record was a proper exercise of its discretion. Additionally, Commerce’s decision to treat Peak as part of the [Peoples Republic of China] PRC-wide entity and its decision to impose a dumping margin of $2.63/kg based on adverse facts available were supported by substantial evidence and in accordance with law. Peak’s motion for judgment on the agency record is denied. Judgment will be entered accordingly.

Nicholas Tsoucalas
Senior Judge
Dated: March 21, 2014
New York, New York
http://www.cit.uscourts.gov/SlipOpinions/Slip_op14/14-30.pdf