CIT Remands Use of AFA Over Commerce's Failure to Notify Respondent of Deficiencies

The Court of International Trade in a Dec. 2 opinion found that the Commerce Department illegally used adverse facts available on antidumping respondent Saha Thai Steel Pipe Public Co. Saha Thai omitted sales of line pipe from its U.S. sales database, claiming that line pipe is not within the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand. Judge Stephen Vaden found Commerce did not notify the respondent that its sales database was deficient, remanding the use of AFA. If Commerce continues to use AFA on remand, it must ensure it complies with the notice requirement, the judge ruled.