CIT Upholds Use of Total AFA, Partially Sends Back Scope Ruling

The Court of International Trade in a Jan. 11 opinion upheld the Commerce Department's remand results in a case over the antidumping review of large power transformers from South Korea. On remand, Commerce hit respondent Hyundai Electric & Energy Systems with total adverse facts available for missing service-related revenues and the exporter's failure of the completeness test at verification. Judge Mark Barnett said substantial evidence backed the use of total AFA, as opposed to partial AFA as claimed by Hyundai.

The trade court issued a second, unrelated opinion Jan. 12 that upheld parts and sent back parts of Commerce's final scope ruling on crushed glass surface products from China. Judge Gary Katzmann said Commerce's decision to include three glass surface products imported by SMA Surfaces under the antidumping and countervailing duty orders on quartz surface products from China was legal "but only partially justified by substantial evidence." The interpretation of the orders "was consistent with plain text," though substantial evidence supports including only two of the three contested products, the judge said.