US to File for Rehearing Over CAFC Decision Requiring More Than 1 Respondent in AD Reviews
The U.S. plans to file a petition for panel rehearing or rehearing en banc at the U.S. Court of Appeals for the Federal Circuit of an opinion finding that the Commerce Department cannot select just one mandatory respondent in an…
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antidumping duty review where multiple exporters have requested a review. The Federal Circuit granted an order on Oct. 5 giving the government 60 more days to file the rehearing motion. In the case, originally brought by YC Rubber Co., the Federal Circuit said that Commerce's interpretation of the statute finding that it can use only one respondent cuts against the statute's unambiguous language (see 2208290026). The judges ruled the agency has not shown it to be otherwise reasonable to calculate the all-others rate based on only one respondent and said the directive to find a weighted average gives no reason why it's reasonable to use only a single rate (YC Rubber Co. (North America) v. United States, Fed. Cir. 21-1489).