CIT Upholds Separate Rate Calculation in AD Review, Remands Final Results in Another
The Court of International Trade sustained the Commerce Department's remand results in the 13th administrative review of the antidumping duty order on fish fillets from Vietnam in a Sept. 27 order. In the review, Commerce applied total adverse facts available to the mandatory respondents, leading to a $3.87/kg dumping margin which the court upheld in a previous decision. Commerce also extended this rate to the non-individually reviewed "separate rate" respondents, which the court remanded. Under protest, Commerce set the separate rate by averaging the separate rates from the previous four administrative reviews, which the court ultimately sustained.
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In a second opinion issued on Sept. 27, Judge Jennifer Choe-Groves remanded Commerce's final results in the 2017-18 administrative review of the antidumping duty order on circular welded non-alloy steel pipe from South Korea. Choe-Groves found that Commerce could not make a particular market situation adjustment to the cost of production when conducting a sales-below-cost test.