Juancheng Kangtai Chemical Co. v. United States, No. 18-2298 (Fed. Cir. 2019)Annotate this Case
The Department of Commerce conducted its ninth administrative review of an antidumping duty order on chlorinated isocyanurates from China, 19 U.S.C. 1677(18)(A), and assigned Kangtai, selected by Commerce as a mandatory respondent, a 0% antidumping duty margin. After a tenth review, Commerce assigned Kangtai, again a mandatory respondent, a 35.05% rate. Kangtai filed a complaint, asserting Commerce improperly instructed Customs to assess an anti-dumping duty margin on 18 of Kangtai’s subject merchandise entries at a rate higher than the zero percent rate calculated for Kangtai’s entries in the Review 9 Final Results. The Court of International Trade dismissed the complaint, concluding that it lacked jurisdiction under 28 U.S.C. 1581(i). The Federal Circuit affirmed. The Trade Court’s residual jurisdiction may not be invoked when jurisdiction under another section 1581 subsection could have been available unless the remedy provided under that other subsection would be manifestly inadequate. Kangtai could have sought relief under section 1581(c) because the true nature of Kangtai’s action is a challenge to Commerce’s determination to assess antidumping duties on entries, rather than on sales, made during the relevant period of review. Kangtai did not demonstrate that relief under 1581(c) would have been manifestly inadequate. Not only could Kangtai have challenged Commerce’s decision to assess duties on entries in the Review 9 Results, Kangtai actually did file a complaint contesting the Review 10 Final Results.