CAFC Upholds Use of AFA Over Failure to Report FOP Data on CONNUM-Specific Basis
The U.S. Court of Appeals for the Federal Circuit in a Sept. 23 opinion held that the Commerce Department properly used total adverse facts available over antidumping respondent Shanxi Pioneer Hardware Industrial's failure to report all its factors of production…
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
data on a control number-specific basis. Judges Kimberly Moore, Pauline Newman and Kara Stoll ruled that the CONNUM-specific reporting requirement is an interpretive rule and not a legislative one requiring a notice-and-comment period, and that Pioneer failed to cooperate to the best of its ability by not maintaining adequate records and not developing a proper reporting methodology.