CAFC Says Commerce Can't Use Just 1 Respondent in Antidumping Reviews With Many Exporters
The Commerce Department cannot select just one mandatory respondent in an antidumping review where multiple exporters have requested a review, the Court of Appeals for the Federal Circuit ruled in an Aug. 29 opinion. Reversing a decision from the Court…
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of International Trade, Judges Pauline Newman, Alvin Schall and Sharon Prost said Commerce's interpretation of the statute finding that it can use only one respondent runs "contrary to the statute's unambiguous language." The judges ruled the agency hasn't shown it to be otherwise reasonable to calculate the all-others rate based on only one respondent and said the directive to find a weighted average gives no reason why it's reasonable to use only a single rate.