CAFC Issues Mandate Finding Commerce Can Use Total AFA When Finding All-Others Rate
The U.S. Court of Appeals for the Federal Circuit issued its mandate on Aug. 29, following its ruling that the Commerce Department can use total adverse facts available to calculate the all-others rate in an antidumping duty review on steel…
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nails from China. The appellate court said that while the law bars the use of total AFA when calculating the all-others rate in AD investigations, it makes no mention of AD reviews, so the question is deferred to Commerce (see 2207060027). The appellate court said Commerce was right to use partial AFA on respondent Dezhou Hualude Hardware Products due to its main supplier's transshipment scheme (Shanxi Hairui Trade Co. v. United States, Fed. Cir. #21-2067).