Federal Circuit Issues Mandate for Decision Reversing AFA for Transformers
The U.S. Court of Appeals for the Federal Circuit issued its mandate on Nov. 30 in an antidumping case brought by Hitachi Energy USA after it denied the plaintiff-appellee's rehearing bid. In a May opinion, the Federal Circuit ruled that…
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the Commerce Department improperly used adverse facts available on respondent Hyundai Heavy Industries Co. over its reporting of service-related revenue. The court said Hyundai had the right to supplement the record and that Commerce can't claim the company shirked its obligations in the review (see 2205240028). Hitachi, successor to one of the original antidumping duty petitioners in the case, filed for a rehearing. In its response, the government said that it takes no position regarding the merits of the petition itself, but does argue that the court should decline the rehearing because the appeal "does not involve a matter of exceptional importance" (see 2208100008) (Hitachi Energy USA v. United States, Fed. Cir. # 20-2114).