Michaels Stores, Inc. v. United States, No. 14-1051 (Fed. Cir. 2014)
Annotate this CaseThe Department of Commerce sets cash deposit rates associated with imported goods to curb “dumping,” i.e., exporting goods far below typical market prices, 19 U.S.C. 1673e(a)(3). Commerce found that a U.S. industry was threatened with material injury by reason of imports of certain cased pencils from China, imposed anti-dumping duties, and later initiated administrative reviews for 2008-2009 and 2009-2010. During the 2008-2009 review period, Michaels imported cased pencils manufactured by three producers in China and exported by three different exporters. The producers participated in the review process, but two withdrew. None of the Chinese exporters participated. The producers’ rates were established for the two review periods. Commerce assigned Michaels’ exporters a country-wide anti-dumping cash deposit rate, as opposed to lower rates obtained by the pencils’ producers. Michaels argued that it was entitled to the producer rate based on 19 C.F.R. 351.107(b)(2), which states that “if the Secretary has not established previously a combination cash deposit rate . . . for the exporter and producer in question or a noncombination rate for the exporter in question, the Secretary will apply the cash deposit rate established for the producer.” The Federal Circuit affirmed, reasoning that section 351.107(b)(2) is informed by section 351.107(d), which establishes an initial noncombination rate for all producers and exporters in nonmarket economy countries.
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