Antidumping Surrogate Values

When the Commerce Department conducts an antidumping investigation or review into a product from a non-market economy, it calculates the applicable AD rate by looking to surrogate values from third-party nations, given that the information from the NME producer is tainted by non-market forces. Selecting which companies and nations to use as the primary surrogates is subject to extensive litigation at the Court of International Trade and Court of Appeals for the Federal Circuit in an effort to either raise or lower an exporter's AD rate. Parties will discuss a variety of relevant factors, including the contemporaneity of the data, how similar a third-party company's product is to the product under review and the completeness of the data.