CIT Sustains High 137.2% Rate for Hubschercorp in Taiwan Ribbons AD Review

The Court of International Trade sustained on Nov. 8 the high 137.2% antidumping duty rate assigned to Hubscher Ribbon Corp. for noncooperation in an administrative review on narrow woven ribbons with woven selvedge from Taiwan. Hubschercorp had responded to the Commerce Department’s first request for information in the 2010-11 review, and then told the agency it would no longer participate. Commerce assigned it a 137.2% AD rate, relying on adverse facts available. Hubschercorp said that rate couldn’t possibly reflect reality, given that the only individual AD rates calculated up to that point on ribbons from Taiwan were zero and 4.37 percent, respectively. Given Commerce’s corroboration of the high rate using Hubschercorp’s own data, the court found that argument lacking. Hubschercorp merely showed Commerce could have interpreted the record in a different way when it assigned the rate but it failed to show Commerce’s rate was unreasonable.