NEW YORK The U.S. Court
of International Trade (CIT) has denied an appeal by Indian
producer Mukand Ltd. involving margins in an anti-dumping duty
administrative investigation on stainless steel bar.
Mukand had appealed a 2011
Commerce Department decision to issue it a 21.02-percent
dumping margin, arguing that the agency had erred in applying
adverse facts available when calculating the margin, according
to opinions dated March 25 and released publicly last week.
The issue centers on
Commerces attempts to obtain size-specific cost
information from Mukand. The company on multiple occasions
allegedly declined to provide unique cost information for
different bar sizes, instead explaining that cost differences
from one size to another were "insignificant."
Commerce, not convinced that
there was no "reasonable and verifiable way" to estimate the
cost differences, repeatedly sought more information. After
eventually issuing an adverse facts available margin,
Mumbai-based Mukand responded that it had complied with the
But despite the agencys
five attempts to elicit the necessary cost information, Mukand
didnt "comprehensively address Commerces
questions," senior judge Richard W. Goldberg ruled.
"To accurately perform its
less-than-fair-value analysis, Commerce must compare the normal
value and export price ... of each entry of the subject
merchandise," he wrote. "In this case, Mukands failure to
report size-based costs prevented Commerce from performing a
Commerce "did not have all the
information necessary to calculate Mukands dumping
margin," Goldberg said, noting that "an adverse inference was
appropriate under the circumstances."
Mukand couldnt be reached for comment.