The Month In International Trade - May 2024
A US court has ruled in favour of Brazilian honey producer Apiário Diamante in a long-running antidumping duty dispute. The U.S. Court of International Trade found serious flaws in the Department of Commerce’s handling of the case. It ordered officials to re-examine their decision within 60 days.
The court criticised the Commerce Department for relying on discrepancies between Apiário Diamante’s submissions and those of its beekeepers. Judges determined that the agency had failed to prove any deficiencies in the company’s accounting records. They also ruled that the department did not properly notify the firm of alleged issues or give it a fair chance to correct them.
The court struck down the Commerce Department’s use of *total adverse facts available*—a penalty applied when evidence is deemed unreliable. This decision was deemed unsupported by substantial evidence. As a result, the agency must now recalculate the dumping margin for Apiário Diamante. Following the remand, the Commerce Department will have 60 days to issue a revised determination. After that, a 45-day public comment period will open before any final ruling. Law firm Crowell & Moring LLP represented Apiário Diamante in the case, securing a key legal win for the Brazilian exporter.
The ruling forces the Commerce Department to reassess its findings on Brazilian raw honey imports. Apiário Diamante will now have another opportunity to present its case. A final decision will depend on the agency’s redetermination and subsequent public feedback.
