CAFC Issues Mandate in AD Case Finding Exporter Failed to Exhaust Remedies Seeking Separate Rate
The U.S. Court of Appeals for the Federal Circuit on Aug. 19 issued its mandate in an antidumping duty case brought by Prime Time Commerce. In June, the appellate court ruled that Prime Time failed to exhaust its administrative remedies…
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for its argument that the Commerce Department should look to confidential information to provide "gap-filling" data needed to calculate a rate separate from the China-wide antidumping margin (see 2206280038). The Federal Circuit further ruled that while CIT and Commerce erred in not accepting Prime Time's submissions since it is an "interested party," the error was a harmless one. The case concerned the administrative review of the AD order on cased pencils from China (Prime Time Commerce v. United States, Fed. Cir. #21-1783).