CIT Remands Use of AFA on Brazilian Honey Exporter in AD Investigation
The Court of International Trade on May 30 remanded the Commerce Department's use of adverse facts available against Apiario Diamante Comercial Exportadora and Apiario Diamante Producao e Comercial de Mel, collectively doing business as Supermel, in the antidumping duty investigation…
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on raw honey from Brazil. Judge Timothy Stanceu said that minor discrepancies between data submitted from small, unaffiliated beekeeper suppliers and the data submitted by Supermel isn't a valid reason to not use the exporter's acquisition costs as a proxy for the actual cost of production data. In addition, the court rejected Commerce's claim that Supermel's responses to five of the agency's questions were deficient, finding that the "principal information that Commerce found Supermel to have withheld was provided in full" by the company.