CIT Issues Fourth Remand Mandate Over Commerce's All-Others Rate in AD Case
The Court of International Trade remanded an antidumping case to the Commerce Department for a fourth time, finding that the agency's method for finding an all-others dumping rate was unreasonable. The court issued the opinion in a case over the…
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AD duty investigation of hardwood plywood products from China in which the agency assigned the two mandatory respondents a zero percent and 114.72% adverse facts available rate. When finding the all-others rate, Commerce then departed from the expected method -- a move upheld by the court -- and averaged the two rates to get to a 57.36% all-others rate. CIT said rate was based on only one commercial invoice from the AD petition and not reasonably reflective of the all-other respondents' dumping margins.