CIT Says Filing Deadlines Can't Triumph Over Statute's Respondent Selection Requirements
The Court of International Trade on June 16 held that the Commerce Department's regulations setting deadlines to file separate rate applications and certifications can't supersede the statutory requirement to pick mandatory respondents based on the volume of their exports. Judge…
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Jennifer Choe-Groves said Commerce erred in the 2021-22 review of the antidumping duty order on steel racks from China by picking respondents based on value and not volume of U.S. sales and in declining to consider the largest exporter, Nanjing Dongsheng Shelf Manufacturing, based on its untimely separate rate certification. The judge said Dongsheng's information was "reasonably available" to the agency, since it was filed the same time as the information from other respondents who received filing extensions.