CIT Uphold Use of Expected Method to Find Non-Selected Respondent Rate in AD Review
The Court of International Trade in a June 16 opinion found that the Commerce Department was right to use the expected method when determining the non-selected respondent's rate in the antidumping review of steel nails from Taiwan. Judge Mark Barnett…
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ruled that the burden was on the plaintiffs, led by PrimeSource Building Products, to establish that the expected method -- the practice of averaging adverse facts available rates in the absence of non-AFA, zero or de minimis margins -- should not be used. The judge ruled that the plaintiffs gave no evidence to back their claim that the expected method was not reasonably reflective of their actual margins.