Petitioners Support Total AFA 760% AD Margin on Imported Mattress
The Commerce Department correctly relied entirely on adverse facts available (see 2309200030) to calculate a 760% dumping rate for antidumping duty respondent Saffron Living Co. on remand, a group of petitioners, led by Brooklyn Bedding, said in their Oct. 20 remand comments at the Court of International Trade (Brooklyn Bedding v. U.S., CIT # 21-00285).
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.
Commerce tried to verify Saffron’s information as directed by the remand order, Brooklyn said. However, when the agency issued a supplemental questionnaire, Saffron pulled out of the investigation, leaving Commerce with only facts otherwise available to determine Saffron’s dumping margin, the company said. Because Saffron withdrew from the underlying AD investigation on mattresses from Thailand, Brookyln said Commerce couldn't verify Saffron’s sales and cost data or apply the transactions disregarded and major input rules.
By withdrawing from participation in the proceeding, Saffron withheld requested information, failed to provide information by required deadlines and prevented Commerce from verifying record information, Brooklyn said. The withdrawal was the definition of noncooperation required for AFA usage, the company said.