CAFC Says Commerce Properly Modified AD/CVD Scope in Response to Evidence of Evasion
The Commerce Department properly modified the scope during its antidumping and countervailing duty investigations on quartz surface products from China in response to evidence of evasion, the Court of Appeals for the Federal Circuit said in an April 25 opinion.…
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Building materials company Bruskin International appealed various elements of the investigations, including the agency's decision to accept the petitioner's scope request. The court held that Commerce was not bound to the preliminary scope in the case and that the agency was justified in amending the defective scope to account for evasion. The Federal Circuit also ruled that Commerce properly rejected Bruskin's request for a hearing as untimely and that substantial evidence backs Commerce's factual findings related to its scope modification.