United States Federal Circuit

Decision of the Court of International Trade affirming the Department of Commerce's (Commerce) application of adverse facts available in its calculation of an antidumping duty on plaintiff's imports of stainless steel bars from India is affirmed, where: 1) plaintiff sat out preliminary phase of the investigation and submitted requested data only when the preliminary antidumping rates were published and an adverse inference was applied; and 2) Commerce's reliance on total adverse facts available is supported by substantial evidence as plaintiff's submissions were so incomplete that they could not be used without undue difficulty.

Appellate Information

• Decided 09/16/2014
• Published 09/16/2014

Judges

• Reyna

Court

• United States Federal Circuit

Counsel