CAFC Upholds AD Separate Rate Set by Averaging AFA, De Minimis Margins
The Court of Appeals for the Federal Circuit on Jan. 10 upheld the Commerce Department's rates for the separate rate respondents in an antidumping review on diamond sawblades from China. In the review, Commerce calculated the rate by averaging the…
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adverse facts available and zero percent rates of the two respondents. Affirming the Court of International Trade's decision, the Federal Circuit said this move was valid since Commerce was authorized by the statute to rely on AFA in finding the separate rate and that the rate was supported by evidence that the separate rates all trended upwards over the past administrative reviews.