CIT Sustains Remand Results with Higher AD Margin for Indian Steel, Boots Proposed Intervenor

The Court of International Trade sustained the Commerce Department's remand results which used partial adverse facts available to raise the antidumping rate for Indian stainless steel bar exporter Venus Wire Industries Pvt., in a June 2 opinion. After receiving remand instructions from Judge Mark Barnett on Nov. 11 to further explain its use of partial AFA, Commerce did just that, but also raised the AD rate for Venus from 5.35% to 24.60%. Venus contested the results, arguing that Commerce exceeded the scope of its own voluntary remand request and only ever meant to establish a "higher, punitive margin." Barnett rejected these claims, upholding Commerce's determination.

Barnett also rejected a bid from Laxcon Steel Limited -- a producer of the subject merchandise that contested the all-others rate -- to join the litigation as a defendant-intervenor. Given Laxcon's late filing and lack of participation in the underlying proceedings, the court found Laxcon to lack standing to intervene.