Trade Law Daily is a Warren News publication.

CAFC Says Commerce Can Use Total AFA Rate When Finding All-Others Rate in AD Review

The Court of Appeals for the Federal Circuit in a July 6 opinion ruled that the Commerce Department didn't err in using total adverse facts available rates to calculate the all-others rate in an antidumping review of steel nails from…

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.

China. While the law bars the use of total AFA when calculating the all-others rate in AD investigations, it makes no mention of AD reviews, so the question is deferred to Commerce, the court ruled. The appellate court said Commerce was right to use partial AFA on respondent Dezhou Hualude Hardware Products over its main supplier's transshipment scheme.