CAFC Issues Mandate After Affirming Validity of NME Policy in AD Proceedings
The U.S. Court of Appeals for the Federal Circuit on Sept. 18 issued its mandate in an antidumping duty case. The mandate comes after the court sustained the Commerce Department's non-market economic policy in AD proceedings despite the fact that…
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the agency hadn't codified the policy in its regulations at the time the underlying review was challenged (see 2507280046). The court said its long line of cases upholding the policy confirms its validity, adding that, even if those cases didn't exist, the NME policy is an evidentiary presumption, which doesn't require notice-and-comment rulemaking (Jilin Forest Industry Jinqiao Flooring Group v. United States, Fed. Cir. # 23-2245).