CAFC Says Commerce Can Use Total AFA Rate When Finding All-Others Rate in AD Review
The Court of Appeals for the Federal Circuit in a July 6 opinion ruled that the Commerce Department didn't err in using total adverse facts available rates to calculate the all-others rate in an antidumping review of steel nails from…
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China. While the law bars the use of total AFA when calculating the all-others rate in AD investigations, it makes no mention of AD reviews, so the question is deferred to Commerce, the court ruled. The appellate court said Commerce was right to use partial AFA on respondent Dezhou Hualude Hardware Products over its main supplier's transshipment scheme.