ICC Industries, Inc. v. United States

OPINION

WATSON, Judge.

This action challenges agency determinations 1 which gave a retroactive effect to the imposition of antidumping duties on importations of potassium permanganate from the Peoples Republic of China (PRC). To achieve retroactive effect the Commerce Department had to make a final determination that “critical circumstances” existed under the terms of 19 U.S.C. § 1673d(a)(3) 2 and then the International Trade Commission had to make additional findings under 19 U.S.C. § 1673d(b)(4)(A) 3 that retroactive duties were needed to prevent a recurrence of material injury. Both of these…