Plaintiffs to Appeal CIT Decision on Non-Individual Rate in AD Review
Plaintiffs in an antidumping duty case will appeal a Court of International Trade decision upholding the rate calculated for non-individually investigated respondents in an antidumping duty administrative review on steel nails from Taiwan (see 2206170040). PrimeSource Building Products and consolidated…
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plaintiffs Cheng Ch International Co., Ltd., China Staple Enterprise Corporation, De Fasteners Inc., Hoyi Plus Co., Ltd., Liang Chyuan Industrial Co., Ltd., Trim International Inc., UJL Industries Co., Ltd., Yu Chi Hardware Co., Ltd., and Zon Mon Co., Ltd. will take the case to the U.S. Court of Appeals for the Federal Circuit, according to two notices of appeal filed Aug. 12. In the June 16 opinion, the trade court found the plaintiffs did not provide enough evidence to to establish that the expected method -- the practice of averaging adverse facts available rates in the absence of non-AFA, zero or de minimis margins -- should not be used (PrimeSource Building Products v. U.S. CIT #20-03911).