CAFC Issues Mandate After Rejecting Use of Likely Selling Prices as Facts Available
The U.S. Court of Appeals for the Federal Circuit issued its mandate on Dec. 1 in an antidumping duty case after finding the Commerce Department erred in using likely selling prices as facts otherwise available for AD respondent AG der…
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Dillinger Huttenwerke's cost of production in the AD investigation on carbon and steel cut-to-length plate from Germany (see 2510060037). The court said that where there's a gap to fill on the record, "there must be a reasonable relationship between the selected facts otherwise available and the gap to be filled," and that no such relationship existed between the likely selling prices and Dillinger's cost of production (AG der Dillinger Huttenwerke v. United States, Fed. Cir. # 24-1498).