Federal Circuit Upholds Hyundai's Zero Rate in Large Power Transformers Review
Minor issues in reporting home market sales in an antidumping duty administrative review don’t rise to the level that would justify an adverse facts available margin for an exporter’s large power transformers from South Korea, and the exporter’s purported lack…
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of cooperation in a previous year’s administrative review does not give Commerce leeway to apply AFA anyway, said the Court of Appeals for the Federal Circuit in an Aug. 11 decision. Affirming a decision of the Court of International Trade, the Federal Circuit upheld the lower court’s finding that the errors in a small subset of Hyundai Electric & Energy Systems’s reported home market sales “were inadvertent and were corrected without undue difficulty,” and should not have served as the basis for the 60.81% AFA rate originally assigned by Commerce. On remand, Commerce had dropped its reliance on AFA and calculated a zero percent AD duty rate. Hitachi, petitioner in the case, had appealed.