CAFC Issues Mandate After Importers Drop Appeal on Use of AFA on Separate Rate Cos.
The U.S. Court of Appeals for the Federal Circuit issued its mandate in an antidumping duty case following importers Struxtur's and Evolutions Flooring's decision to voluntarily dismiss their appeals (see 2502110055). The case concerned the Commerce Department's use of a…
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country-wide adverse facts available rate in calculating the AD rate for the separate rate respondents in the 2016-17 review of the AD order on multilayered wood flooring from China. A related appeal will continue to be litigated by importers led by Galleher Corp. on whether the use of AFA punishes the separate rate companies for respondent Sino-Maple's lack of cooperation and leads to an aberrational AD rate (see 2502050023) (Fuson Jinlong Wooden Group Co. v. United States, Fed. Cir. # 25-1232).