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Koenig & Bauer-Albert AG v. United States

In a case concerning imposition of antidumping duties, determination that sales of large newspaper printing presses were Constructed Export Price sales vacated because Court of International Trade used a test that has since been held invalid; decision sustaining Department of Commerce's Constructed Value profit calculation affirmed because Commerce reasonably exercised its discretion when it did not exclude a high profit sale from its calculation.

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Appealed from: United States Court of International Trade Judge Donald C. Pogue

The United States Court of International Trade sustained the United States Department of Commerce’s results of an antidumping duty investigation on all but one issue, which is not on appeal here, and remanded for further determination. Koenig & Bauer-Albert AG v. United States, 15 F. Supp. 2d 834 (Ct. Int’l Trade 1998) (Koenig I). The Court of International Trade later sustained Commerce’s remand results. Koenig & Bauer-Albert AG v. United States, 90 F. Supp. 2d 1284 (Ct. Int’l Trade 2000) (Koenig II). Because the Court of International Trade used a test that has since been held invalid by this court in determining that the subject sales were Constructed Export Price (CEP) sales, this court vacates the Court of International Trade’s determination on that issue and remands. This court affirms the Court of International Trade’s decision to sustain Commerce’s Constructed Value (CV) profit calculation.

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