Trade Court Remands Use of Simple Average of Zero, AFA Rates to Set Separate AD Rate

The Court of International Trade in a March 11 decision made public April 1 sent back the Commerce Department's use of a simple average of a zero percent and an adverse facts available antidumping rate to set the separate AD rate in the 2016-17 review of the order on multilayered wood flooring from China. Judge Richard Eaton said that because Commerce had Sino-Maple (Jiangsu) Co.'s aggregate U.S. sales information, the lack of transaction-specific U.S. sales data for the exporter didn't support departing from the expected method, which requires a weighted average of the zero and AFA rates.