CIT Upholds Adverse Rate for False Documents in China Magnesium AD Review
In the May 2007 - April 2008 AD administrative review of pure magnesium from China, the International Trade Administration found documents provided by a supplier to the sole respondent, Tianjin Magnesium International Co., Ltd., had been doctored, and gave Tianjin an adverse facts available rate of 111.73%.
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In a remand, the Court of International Trade ordered the ITA to either confirm that Tianjin itself had failed to cooperate or assign it a neutral rate, since the false documents came from an unaffiliated supplier. In its remand redetermination, the ITA reasoned that the 111.73% rate was appropriate as Tianjin had indeed failed to cooperate, and the rate was based on transactions reviewed in the prior period. The CIT ruled that the ITA’s conclusion was now supported by evidence, and upheld it. (See ITT‘s Online Archives or 02/18/11 news, 11021818, for BP summary of prior court decision and remand.) (Slip Op. 11-100, dated 08/10/11)