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CAFC Sends Back Use of AFA in Antidumping Case, Says Respondent Has Right to Correct the Record

The Court of Appeals for the Federal Circuit in a May 24 opinion sent back the Commerce Department's final results of an administrative review of the antidumping duty order on large power transformers from South Korea. Judges Pauline Newman, Alan…

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Lourie and Timothy Dyk remanded Commerce's use of adverse facts available, ruling that respondent Hyundai Heavy Industries Co. has the statutory right to correct the deficiencies in the record on service-related revenue that led to the use of adverse inferences and partial facts available.