Peer Bearing Co. - Changshan v. United States, No. 14-1001 (Fed. Cir. 2014)
Annotate this CaseCPZ imported tapered roller bearings by selling them to an unaffiliated U.S. importer, which then sold them to CPZ’s U.S. affiliate which resold them to unaffiliated U.S. customers. The Department of Commerce requested that CPZ identify whether its sales were export price (EP) sales or constructed export price (CEP) sales for purposes of calculating CPZ’s antidumping duty margin. CPZ provided CEP data. It did not provide EP data. Timken, an intervening domestic bearing producer, urged Commerce to calculate CPZ’s margin on an EP basis. Commerce did not require CPZ to submit the EP data, but calculated CPZ’s margin on a CEP basis, using the data provided. After Commerce issued the Preliminary Results, Timken again submitted comments. In its Final Results, Commerce changed course and calculated CPZ’s margin on an EP basis, using limited EP data previously provided, relating to a small subset of the imported bearings. Commerce calculated a margin of 92.84%. The Court of International Trade remanded. On remand, Commerce twice requested EP data. CPZ responded that it had been sold and the new owners had not maintained that data. After a second remand, under protest, Commerce calculated a 6.52% margin using the CEP data, without applying adverse facts available. The Court of International Trade affirmed. The Federal Circuit vacated. Commerce’s application of adverse facts available in its First Remand Redetermination was supported by substantial evidence; the Trade Court should reinstate Commerce’s application of adverse facts available and its calculation of CPZ’s margin in its First Remand Redetermination.
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.