Crowell & Moring LLP is pleased to announce a significant legal victory on behalf of our clients, Apiário Diamante Comercial Exportadora Ltda. and Apiário Diamante Produção e Comercial de Mel Ltda. (collectively known as “Supermel”). The United States Court of International Trade, in a decision issued by Judge Timothy C. Stanceu on May 30, 2024, has remanded the U.S. Department of Commerce’s final determination in the antidumping duty investigation on Raw Honey from Brazil.

In its April 2022 final determination, the Department of Commerce had assigned Supermel a punitive dumping margin of 83.72%, a decision based on the application of total adverse facts available (“AFA”).  The court found that this decision was unsupported by substantial evidence, noting multiple deficiencies in Commerce’s analysis.  Notably, the court determined that the agency wrongly relied on differences between information submitted by Supermel and its beekeepers and found no deficiencies in the accounting records provided by Supermel.  The court also found that Commerce had not adequately notified Supermel of alleged discrepancies in their submissions, nor provided sufficient opportunity to remedy these deficiencies. 

The court ordered the Department of Commerce to reconsider its application of AFA and determine a new dumping margin for Supermel based on the existing record.  Commerce is required to submit the remand redetermination within 60 days, followed by a 45-day comment period. 

Crowell & Moring LLP is dedicated to advocating for fair trade and supporting our clients in navigating the complexities of international trade law. This victory exemplifies our commitment to achieving favorable outcomes for our clients through diligent representation and legal expertise.

For more information, please contact:

Daniel J. Cannistra
Partner, Crowell & Moring LLP
Phone: (202) 624-2902
Email: dcannistra@crowell.com

Pierce J. Lee
Counsel, Crowell & Moring LLP
Phone: (202) 508-8780
Email: plee@crowell.com

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Photo of Daniel Cannistra Daniel Cannistra

Dan Cannistra is a partner in the firm’s Washington, D.C. office. His practice focuses on legislative, executive and regulatory representation of domestic and international clients on a broad spectrum of international trade matters. Dan has represented domestic and foreign companies in over 75

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Dan Cannistra is a partner in the firm’s Washington, D.C. office. His practice focuses on legislative, executive and regulatory representation of domestic and international clients on a broad spectrum of international trade matters. Dan has represented domestic and foreign companies in over 75 U.S. antidumping and countervailing duty cases before the U.S. Department of Commerce and the U.S. International Trade Commission under the Tariff Act of 1930. Many of these matters involved appeals to the U.S. Court of International Trade, the U.S. Court of Appeals for the Federal Circuit, binational panels under the North American Free Trade Agreement (NAFTA), and dispute settlement proceedings before the World Trade Organization (WTO). Dan has also represented clients in antidumping proceedings in the European Union, Canada, Mexico, Brazil, India, Thailand, Singapore, Guatemala and Taiwan.

Prior to joining Crowell & Moring, Dan was a director in a national accounting firm providing customs and international trade guidance to multinational clients related to the supply and distribution of goods and services across international borders. Areas of specialization included antidumping and countervailing duties and policy, trade remedies and litigation, free trade agreements and negotiations, classification and valuation, and international trade and development.

Dan’s government appointments include service to U.S. Trade Representative on the roster of international trade practitioners to resolve antidumping disputes involving NAFTA members. For the European Commission, Dan provided advice and training on international trade and antidumping methodology and practice. In addition, Dan has served as an international trade consultant to the governments of Guatemala and Singapore, providing technical advice to these governments on the application of international trade regulations consistent with international law and World Trade Organization agreements and the General Agreement on Tariffs and Trade, Agreement on Antidumping.

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