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 agencys requests.
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 sales-below-cost analysis."
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.