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QINGDAO SEA-LINE INTERNATIONAL TRADING v. UNITED STATES

Slip Op. 21-44 Court No. 19-00145.

503 F.Supp.3d 1355 (2021)

QINGDAO SEA-LINE INTERNATIONAL TRADING CO., LTD., Plaintiff, v. UNITED STATES, Defendant, and Fresh Garlic Producers Association, and Its Individual Members Christopher Ranch, L.L.C., the Garlic Company, and Valley Garlic, Defendant-Intervenors.

United States Court of International Trade.

April 16, 2021.

Attorney(s) appearing for the Case

Irene H. Chen, Chen Law Group LLC, of Rockville, MD, argued for plaintiff.

Meen Geu Oh, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for defendant. With him on the brief were Joseph H. Hunt, Assistant Attorney General, Jeanne E. Davidson, Director, and Reginald Blades, Jr., Assistant Director. Of Counsel Brendan Saslow, Attorney, Office of Chief Counsel for Trade Enforcement & Compliance, U.S. Department of Commerce. With them on the post argument submission was Jeffrey Bossert Clark, Acting Assistant Attorney General.

Joshua R. Morey, Kelley Drye & Warren LLP, of Washington, DC, argued for defendant-intervenors. With him on the brief was Michael J. Coursey and John M. Herrmann.

OPINION

This case concerns the reliance on facts otherwise available ("FA") and application of an adverse inference ("AFA") in an antidumping ("AD") review by the U.S. Department of Commerce ("Commerce"), resulting in a higher tariff, where respondent submitted inconsistent and unreliable information...

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