CIT Rejects Use of AFA in Antidumping Case Over Falsely Advertised Products
The fact that an antidumping respondent used false advertising about what its products are made of is immaterial to the AD investigation over those products, the Court of International Trade said in a Nov. 18 opinion, rejecting the Commerce Department's…
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
use of adverse facts available. During the investigation into wooden cabinets and vanities from China, Commerce discovered that respondent Dalian Meisen Woodworking Co. advertised its products as made of maple when they were actually made of birch, prompting Commerce to use AFA. But since Meisen complied with Commerce proceedings and the agency doesn't have the ability under the AD statutes to "police false advertising violations," the court held that the agency can't apply AFA and must use Meisen's actual information to calculate its dumping rate.