CIT Upholds Commerce Finding That Companies Owned by Same Estranged Family Not Affiliated

The Court of International Trade sustained the Commerce Department's remand results in an antidumping duty case over the question of whether to "collapse" affiliate entities since they were owned by members of the "same, albeit estranged, family." In an Aug. 20 opinion, Judge Gary Katzmann held that Commerce properly reversed its original determination that the three companies were affiliated, since they did not clear the three requirements for collapsing given entities. In doing so, Commerce dropped its application of adverse facts available and gave Echjay Forgings Private Limited a 4.58% dumping margin.