CAFC Remands AD Investigation on Steel Plate From Germany
The U.S. Court of Appeals for the Federal Circuit on Oct. 6 sent back the Commerce Department's antidumping duty investigation on carbon and alloy steel cut-length-plate from Germany. Judges Alan Lourie, Timothy Dyk and Jimmie Reyna upheld Commerce's rejection of…
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respondent AG der Dillinger Huttenwerke's proposed adjustments to the agency's model-match methodology, though the judges said it was "unreasonable for Commerce to use likely selling price as facts otherwise available for cost of production." The court stressed that "when there is a gap to fill" in the record, "there must be a reasonable relationship between the selected facts otherwise available and the gap to be filled."