Mixed-wax Candles From China are Later-developed Merchandise under Federal Law
In Target Corp. v. US, No. 09-1518, the Federal Circuit faced a challenge to the Court of International Trade's affirmance of the U.S. Department of Commerce's final affirmative circumvention determination that petroleum wax candles with 50% or more vegetable wax are later-developed merchandise covered by the anti-dumping duty order on petroleum wax candles from China. In affirming, the court held that the Commerce's reasonable interpretation of the relevant Congressional statute is entitled to Chevron deference and it's determination rested on substantial evidence.
As stated in the decision: "First, the commercial availability test was consistent with the definition of "developed" provided in the dictionary. Second, the commercial availability of the product at issue is relevant because a 'product's actual presence in the market at the time of the [antidumping] investigation is a necessary predicate of its inclusion or exclusion from the scope of an antidumping order. Third, the later-developed merchandise provision is designed to prevent circumvention of an antidumping order by a comparable product to the subject merchandise. Commerce's interpretation accomplishes this objective since it reaches comparable products that emerge in the market after implementation of the antidumping order."
- Full text of Target Corp. v. US