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…
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
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.