Commerce Had Right to Include Sample Sales in AD Investigation, CIT Says

The Commerce Department did not violate the law when it included sample sales of quartz surface products from Pokarna Engineered Stone Limited (PESL) in an antidumping investigation, the Court of International Trade said in an Aug. 25 order. Judge Leo Gordon said that there is nothing in the statute that requires Commerce to perform a bona fide sales analysis on paid U.S. sample sales during an investigation. "It should go without saying that, without a legal requirement that Commerce perform such an analysis, there is no basis for the court to issue an affirmative injunction that Commerce must conduct a bona fide sales analysis on PESL’s paid U.S. sample sales," the judge said.