Chinese Exporter Should Have Known of AD/CVD Review Despite Lack of Notice, Says CIT

The Federal Register notice announcing the beginning of antidumping and countervailing duty administrative reviews serves as notice to foreign exporters that they are included and must participate to avoid high rates, said the Court of International Trade in a decision issued April 21 (here). A Chinese company, Suntec, had challenged the final results of a review where Commerce assigned it the high “China-wide” rate of over 100 percent because Suntec did not submit the required application for a “separate rate.” Suntec claimed it never received the required notice when a domestic company requested the review, and consequently didn’t know it was under review until after the final results were issued. However, the separate rate application was due after the Federal Register initiation notice, so even with the missing notification from the domestic company Suntec should have known it was listed and required to submit the application, said CIT.