Mueller Appeals CIT Decision Allowing Imposition on AFA Despite Cooperation in AD Review

Mueller Comercial appealed a Court of International Trade ruling that affirmed the Commerce Department’s decision to partially apply adverse facts available (AFA) to determine Mueller’s antidumping duty rate, despite Mueller’s full cooperation in the 2008-09 AD administrative review on circular welded non-alloy steel pipe from Mexico (A-201-805). Commerce had used AFA on incomplete cost data needed from one of Mueller’s suppliers. CIT said that the uncooperative supplier would have benefited from a lower AD rate without the partial application of AFA, so use of AFA was justified, despite the fact that Mueller cooperated. Despite ruling in December (see 12122604), the court didn’t enter judgment until May 2.