Rubber Exporters Challenge Rejection of Resubmitted Questionnaire Responses in AD Case
Industrias Negromex and Dynasol, Mexican exporters of emulsion styrene-butadiene rubber (ESBR), are challenging the Commerce Department's rejection of questionnaire responses in an antidumping duty administrative review on ESBR from Mexico, according to an Aug. 25 complaint at the Court of International Trade. Commerce's rejection of Negromex's corrective model matching information, whether considered a corrective filing or new factual information, constitutes an unlawful rejection of factual information and a failure to calculate an accurate dumping margin, the complaint said (Industrias Negromex, S.A. de C.V., et al. v. U.S., CIT #21-00495).
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
Negromex was the sole mandatory respondent in the investigation. It attempted to submit model matching information that was rejected by Commerce since "the response contained new factual information in the form of model matching information." This is a violation of the law because "if Negromex's model matching information is characterized as NFI, the Department is required to consider it," the exporters said.