The Court of International Trade in a Jan. 5 opinion made public Jan. 16 sustained the Commerce Department's remand results reversing the use of adverse facts available against exporter Oman Fasteners for filing submitted 16 minutes late. The result is a zero percent margin for the company as part of the sixth antidumping review on steel nails from Oman. Judge M. Miller Baker upheld Commerce's use of Oman Fasteners' quarterly costs and not annual costs in calculating the company's cost of production, as well as its decision not to deduct Section 232 steel and aluminum duties from the U.S. price for all of Oman's entries.
The Court of International Trade in a Jan. 8 opinion rejected a motion from the U.S. seeking to retract the court's public opinion sustaining an affirmative injury finding from the International Trade Commission and to bracket information the government said was confidential. Touting the need for transparency in the court system, Judge Stephen Vaden said that the information the government sought to redact -- certain company names and numerical approximations -- is not confidential because the ITC failed to properly bracket it during litigation or the information is publicly available. The judge noted that neither "administrative agencies nor this Court can hide from scrutiny by censoring information," adding that only "truly confidential" information may be hidden from the public.