CIT Upholds Commerce's Reliance on Respondent's Normal Books as Facts Otherwise Available
The Court of International Trade in an Aug. 15 opinion upheld the Commerce Department's remand results in an antidumping case in which the agency continued to rely on respondent Dillinger France's normal books and records as facts otherwise available to…
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fill in missing cost of production data for prime and non-prime plate. Judge Gary Katzmann said Commerce's reliance on the exporter's normal books and records as facts otherwise available was not contrary to the U.S. Court of Appeals for the Federal Circuit's ruling in this case, despite that court finding the respondent's normal books did not reasonably reflect the costs linked with the production of other merchandise. Katzmann said evidence shows that "more than a mere scintilla" supports Dillinger's normal books and records as being "probative" of the missing cost information.