AMS Assocs., Inc. v. United States, No. 12-1688 (Fed. Cir. 2013)
Annotate this CaseShapiro, a U.S. affiliate of Aifudi, imports laminated woven sacks manufactured and exported by Aifudi in the People’s Republic of China (PRC). In 2008, the Department of Commerce found that those sacks were being sold in the U.S. at less than fair market value (19 U.S.C. 1673) and issued an antidumping-duty order. Aifudi participated, submitted verified information, and demonstrated that it was not subject to government control. Aifudi was assigned a “separate rate” of 64.28 percent, not the default PRC-wide rate. In a later review, conducted at Aifudi’s request, of the amount of the duty for a defined period, Commerce considered Aifudi’s eligibility for a company-specific rate for that period. Commerce published preliminary results, favorable to Aifudi. Aifudi immediately withdrew from the proceeding and removed its confidential information from the record. Commerce concluded that the record no longer contained enough verifiable information to prove that Aifudi was not subject to government control and assigned Aifudi the default PRC-wide rate for the review period. Shapiro appealed. The Court of International Trade upheld the decision. The Federal Circuit affirmed, concluding that Commerce’s decision to apply the PRC-wide rate to Aifudi was supported by substantial evidence and did not violate any law.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.