CAFC Issues Mandate Saying Commerce Can Use Total AFA Over CONNUM-Specific Reporting
The U.S. Court of Appeals for the Federal Circuit issued its mandate on Nov. 14 in a case concerning the 10th administrative review of the antidumping duty order on steel nails from China. In the opinion, the appellate court ruled…
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that the Commerce Department properly hit antidumping duty respondent Shanxi Pioneer Hardware Industrial with total adverse facts available for its failure to report all of its factors of production data on a control number (CONNUM)-specific basis (see 2209230034). The court said that the CONNUM-specific reporting requirement is an interpretive rule and not a legislative one requiring a notice-and-comment period, and that Pioneer failed to cooperate to the best of its ability by not maintaining adequate records and not developing a proper reporting methodology (Xi'an Metals & Minerals Import & Export Co. v. United States, Fed. Cir. #21-2205 -2227).