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Mexichem Fluor Inc. v. United States, 179 F.Supp.3d 1238, 38 ITRD 1205

Facts

Domestic producers filed suits against the International Trade Commission (ITC) challenging its final negative determination in an antidumping investigation regarding imports of 1,1,1,2-tetrafluoroethane (R-134a) from China. The ITC found that the domestic industry was not materially injured or threatened with material injury by these imports. The producers argued that the ITC's analysis of import volume, pricing methodology, and correlation between underselling and volume were flawed. The court reviewed the ITC's determinations and the agency record to assess the reasonableness of the ITC's conclusions.

Issue

Whether the ITC's final negative determination regarding the antidumping investigation of imports of 1,1,1,2-tetrafluoroethane (R-134a) from China was supported by substantial evidence.

Whether the ITC's final negative determination regarding the antidumping investigation of imports of 1,1,1,2-tetrafluoroethane (R-134a) from China was supported by substantial evidence.

Rule

Analysis

The court found that the ITC's analysis of import volume data, pricing methodology, and the correlation between underselling and volume were reasonable. The ITC's choice to evaluate import volume on an annual basis rather than quarterly was justified due to the unreliability of quarterly data. The ITC also reasonably attributed the decline in domestic prices to the cessation of a supply shortage rather than to the imports themselves. The court concluded that the ITC's findings were consistent with the evidence presented in the record.

The court does not agree with Mexichem that the Commission's evaluation of subject import volume on an annual rather than quarterly basis was unreasonable. The Commission followed its longstanding practice of assessing subject import volume and market share on an annual basis.

Conclusion

The Court of International Trade upheld the ITC's final negative determination, concluding that the agency's findings were supported by substantial evidence and that the ITC acted reasonably in its analysis.

For the reasons set forth below, the court sustains the Final Determination on each of the issues raised.

Who won?

The International Trade Commission prevailed in this case as the court upheld its final negative determination regarding the antidumping investigation. The court found that the ITC's methodology and conclusions were reasonable and supported by substantial evidence. The court emphasized that the focal point of the review was not the plaintiffs' preferred methodologies but whether the ITC's actions were reasonable based on the record as a whole.

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