CIT Sends Back Use of Only 1 Respondent in Wind Towers AD Investigation

The Court of International Trade in a Feb. 16 opinion sent back the Commerce Department's final determination in the antidumping duty investigation into wind towers from Spain. In the investigation, Commerce picked only one mandatory respondent, hitting it with a 73% adverse facts available rate taken from the petitioner after the company backed out of the investigation. The agency used this rate for the non-individually selected respondents and the all-others rate. Judge Timothy Stanceu, criticizing the "limited and peculiar" situation the agency set up for itself, sent back Commerce's decision to pick only one respondent and use the AFA rate for the all-others margin.