CIT Remands Commerce's Use of Total AFA on Australian Steel Company in AD Review
The Court of International Trade remanded the Commerce Department's final results in the first administrative review of the antidumping duty order on hot-rolled steel flat products from Australia, in a Nov. 30 opinion made public Dec. 8. Judge Richard Eaton…
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remanded Commerce's use of total adverse facts available after finding that the agency failed to show that mandatory respondent BlueScope's responses created a gap in the record and didn't provide the company with a notice of deficient responses. The court ordered that Commerce shall use BlueScope's quantity and value submissions unless it gives a "reasoned explanation" as to why this data is unusable for key considerations in the review.