CAFC Says Pencil Importer Failed to Exhaust Administrative Remedies in Seeking Separate Rate
The Court of Appeals for the Federal Circuit in a June 28 opinion upheld the Court of International Trade's ruling in a case on the 2015-16 administrative review of the antidumping duty order on cased pencils from China. Importer Prime…
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Time Commerce had argued that Commerce should look to confidential information to provide "gap-filling" data needed to calculate a rate separate from the China-wide dumping margin. The court upheld that Prime Time Commerce failed to exhaust its administrative remedies during the remand period at the trade court. The appellate court ruled that while the trade court erred by finding that Commerce could not accept Prime Time's submissions as an "interested party," the error was a harmless one and does not require a remand.