In one of their last actions before the current government shutdown, the International Trade Commission (ITC) declined to reverse their earlier decision to impose a dumping order on Chinese engineered flooring.
Jonathan Train, Alliance president, stated that, “in April the Alliance won our appeal to the Court of International Trade. The Court agreed that the ITC had not considered all the facts when placing the dumping order on the industry. They told the ITC to review the case again but of course no one likes to being told they were wrong. While the ITC did not change their position, we at the Alliance believe that they are still missing some key points. We are confident that the Court will agree and send it back to the ITC to review again.”
Train continued, “we are of course disappointed, but not surprised by the decision. The Court has an option of not accepting this decision by the ITC. As we feel that our issues were not well or fully addressed here, we expect the Court to remand the case once again. This is one more step in the process and our Alliance remains determined to see the process through to the proper conclusion.”
In April of this year, the Court stated that the Commission had done both an insufficient economic analysis and an incomplete review of the domestic industry when reaching their original decision and “thus the conclusion of material injury is not supported by substantial evidence.” Their strongly worded order outlined multiple areas where the Court found “that the legal and factual analysis performed by the Commission in this instance misses the mark and thus the conclusion of material injury is not supported by substantial evidence."