Albemarle Corporation v. United States

Slip Op. 17-51
UNITED STATES COURT OF INTERNATIONAL TRADE
Before: Timothy C. Stanceu, Chief Judge
Consol. Court No. 11-00451
JUDGMENT
Before the court are the Final Results of Redetermination Pursuant to Court Remand
(Oct. 14, 2016), ECF No. 135 (“Remand Redetermination”), which the International Trade
Administration, U.S. Department of Commerce (“Commerce”) issued in response to the court’s
Opinion and Order in Albemarle Corp. v. United States, __ CIT __, Slip Op. 16-84 (Sept. 7,
2016). Plaintiff Albemarle Corporation (“Albemarle”) and plaintiff-intervenor Ningxia Huahui
Activated Carbon Co., Ltd. (“Huahui”) have commented in favor of the Remand
Redetermination. Pl. Albemarle Corp. and Int.-Pl. Ningxia Huahui Activated Carbon Co., Ltd.—
Comments on Final Results of Redeterm. pursuant to Ct. Remand (Oct. 27, 2016), ECF No. 137.
ALBEMARLE CORP.,
Plaintiff,
and
NINGXIA HUAHUI ACTIVATED
CARBON CO., LTD.,
Plaintiff-Intervenor,
v.
UNITED STATES,
Defendant,
and
CALGON CARBON (TIANJIN) CO.,
LTD., CALGON CARBON CORP. AND
NORIT AMERICAS INC.,
Defendant-Intervenors.
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Consol. Court No. 11-00451 	Page 2
No other party submitted comments to the court on the Remand Redetermination. Defendant
United States has filed a response in favor of the comment of Albemarle and Huahui. Def.’s
Resp. to Comments regarding the Remand Redeterm. (Nov. 28, 2016), ECF No. 138.
The court’s previous Opinion and Order was issued in response to the mandate of the
U.S. Court of Appeals for the Federal Circuit (“Court of Appeals”) in Albemarle Corp. v. United
States, 821 F.3d 1345 (Fed. Cir. 2016). Pursuant to that mandate and the subsequent instructions
of this court, Commerce, based on the de minimis and zero margins of the individually examined
respondents, assigned Huahui a redetermined weighted average dumping margin of zero.
Remand Redetermination 1, 7. The court determines that the Remand Redetermination complies
with the mandate issue by the Court of Appeals and this court’s instructions.
Therefore, upon consideration of the Remand Redetermination and all other papers and
proceedings had herein, and upon due deliberation, it is hereby
ORDERED that the Remand Redetermination be, and hereby is, sustained; and it is
further
ORDERED that entries of merchandise that are affected by this litigation shall be
liquidated in accordance with the final court decision in this action.
/s/Timothy C. Stanceu
Timothy C. Stanceu
Chief Judge
Dated:
New York, NY
April 27, 2017
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