Decided: February 11, 1987; As Amended March 2, 1987.
Appealed from U.S. Court of International Trade, Judge Watson.
Rich, Bissell, and Archer, Circuit Judges.
The substantive issues in this case, here on appeal from the judgment of the United States Court of International Trade,*fn1 are whether:
(1) an importer knew or should have known that it was importing potassium permanganate into the United States from the Peoples Republic of China (PRC) at less than fair value, and
(2) a separate injury determination with regard to massive imports during the critical circumstances period must be made by the International Trade Commission (Commission) under 19 U.S.C. § 1673d(b)(4)(A) in order to impose the duty imposed retroactively.
The trial court affirmed the final determination of the International Trade Administration of the Department of Commerce (ITA) that the importers knew or should have known that potassium permanganate was being imported into the United States from the PRC at less than fair value and that the circumstances justified the retroactive imposition of the antidumping duties, i.e., a separate injury determination with regard to massive imports during the critical circumstances period need not be made by the Commission. We affirm.
An antidumping investigation was initiated by both the ITA and the Commission in response to petitions filed concurrently by Carus Chemical Company (Carus) pursuant to 19 U.S.C. § 1673a (1982). The petitions, as amended, alleged that potassium permanganate from the PRC was being imported into and sold in the United States at less than fair value. Carus requested that antidumping duties be imposed on this imported commodity and that critical circumstances be found. A final determination of critical circumstances permits the retroactive imposition of the antidumping duties for the period of 90 days prior to the ITA's preliminary determination. 19 U.S.C. §§ 1673b(e)(2), 1673d(a)(3) (1982). Both the ITA and the Commission made final affirmative determinations in their respective investigations. ICC Industries, Inc. (ICC) and the ICD Group (ICD) (collectively, importers) were respondents in the administrative proceedings. The course of these administrative proceedings follows:
February 22, Carus filed petitions with the ITA
1983 and the Commission alleging that
a domestic industry was being
injured as a result of imports of
potassium permanganate from
the PRC which were being sold in
the United States at less than fair
March 3, 1983 The Commission published its
notice of the initiation of preliminary
March 18, The ITA published its notice of
1983 the initiation of investigation. 48
April 20, 1983 The Commission published its
preliminary determination that
there was a reasonable indication
that imports of potassium
permanganate from the PRC
were materially injuring a
domestic industry. 48 ...