CIT Upholds Negative Determination in AD Investigation on Indian Shelving Units

The Court of International Trade on June 3 sustained the Commerce Department's negative final determination in the antidumping duty investigation on bootless steel shelving units prepackaged for sale from India. Judge Mark Barnett upheld Commerce's use of financial statements from Indian producer TMTE Metal Tech to determine constructed value, rejecting claims from petitioner Edsal Manufacturing that the agency improperly accepted untimely information from respondent Triune Technofab about the public availability of the TMTE data and that the TMTE statements weren't publicly available. Barnett also rejected Edsal's claim that Commerce erroneously treated statements from Indian producer Mekins Industries as per se invalid due to the presence of countervailable subsidies.