CIT Remands Use of AFA in AD Review on Indian Pipes, Tubes

The Court of International Trade on April 8 sent back the Commerce Department's use of adverse facts available against exporter Garg Tube in the 2018-19 review of the antidumping duty order on welded carbon steel standard pipes and tubes from India. Judge Claire Kelly instructed Commerce to invoke the specific statutory provision on which it relies on remand and explain either how the use of AFA promotes accuracy or how Garg Tube failed to respond to the best of its ability. The judge also rejected Garg Tube's challenge to Commerce's use of the Cohen's d test to root out "masked" dumping due to the company's failure to raise the issue administratively.