CIT Sustains Commerce's AFA Application in AD Review of Vietnamese Fish Fillets
The Court of International Trade on Oct. 12 sustained the Commerce Department's remand results in the 14th administrative review of the antidumping duty order on certain frozen fish fillets from Vietnam. After previously remanding Commerce's application of adverse facts available…
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for lack of substantial evidence, Judge Miller Baker sustained the AFA application after Commerce switched out the grounds on which it based its AFA finding. Initially, Commerce applied AFA based on the respondent's reporting failures related to customer relationships and factors of production reporting issues, but now bases the finding to the respondent's failure to maintain source documents and control number reporting issues.