CIT Says Commerce Can't Take Shortcut on New Agency Action in Case on Lack of On-Site Verification

The Court of International Trade in an Aug. 11 opinion remanded the Commerce Department's remand results in a case on the antidumping duty investigation into forged steel fluid end blocks from India. Commerce said on remand that a questionnaire, issued in lieu of on-site verification for sole mandatory respondent Bharat Forge Limited, properly replaced on-site verification after initially saying it did not. Judge Stephen Vaden said the agency's decision does not comport with the U.S. Supreme Court's holding in Dep't of Homeland Sec. v. Regents of the Univ. of California, which said that on remand, an agency can either take new action or further explain its position. Vaden ruled that Commerce cannot "short circuit the procedural requirements for new agency action" by reversing itself and asserting that it verified Bharat's information.