CAFC Sustains Partial AFA on AD Respondent for Failing to Submit Manufacturer Info
The U.S. Court of Appeals for the Federal Circuit on June 17 sustained the Commerce Department's decision to use partial adverse facts available against respondent Salzgitter Flachstahl in the antidumping duty investigation on cut-to-length carbon and alloy steel plate from…
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Germany for its failure to provide manufacturer information for around 28,000 of its downstream sales made in Germany by one of its affiliates. Judges Timothy Dyk, Jimmie Reyna and Alan Lourie said that while Commerce's request for the manufacturer information placed an "unreasonable burden" on the respondent, Salzgitter didn't provide sufficient alternatives to supplying the information. The judges said "randomized sampling would have been a reasonable" alternative to the missing data.