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CIT Remands Calculation for Non-Individually Examined Respondents in AD Duty Case

The Court of International Trade remanded the Commerce Department's second remand results in the first administrative review of the antidumping duty order on certain steel nails from Taiwan in a July 30 decision released publicly Aug. 6. After issuing two…

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prior opinions in the case, Chief Judge Mark Barnett considered Commerce's second remand results, ultimately sending them back so the agency can further explain or reconsider its use of a simple average of the mandatory respondents' rates to establish the AD duty rate for non-individually examined respondents. However, Barnett did sustain Commerce's use of transaction-specific margins to corroborate the petition rate.