CIT Sustains Total AFA for Failure to Report Data on Product-Specific Basis in AD Case
The Commerce Department can apply total adverse facts available for a mandatory respondent's failure to provide its factors of production data on a product-specific basis in an antidumping case, the Court of International Trade ruled in a June 9 opinion.…
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Judge Leo Gordon, in a consolidated action challenging an antidumping administrative review on steel nails from China, said Commerce had the right to switch to the control number-specific reporting requirement and the mandatory respondent should have known about this switch. Gordon also found that Commerce was justified in including the total AFA rate for two of the three mandatory respondents in the average for the non-individually reviewed respondents' rate.