CAFC Upholds Rejection of Unsolicited Separate Rate Questionnaire Response From Aluminum Wire Exporter

The U.S. Court of Appeals for the Federal Circuit affirmed Aug. 19 the Commerce Department’s rejection of an exporter’s response to a separate rate questionnaire the department had already rescinded, having realized it had been issued in error. After the rejection, the exporter, Jin Tiong Electrical Materials Manufacturer, received the China-wide rate for the 2019-20 antidumping review of Chinese-origin aluminum wire and cable. In the nine-page opinion, CAFC explained that the questionnaire was rescinded because Jin Tiong failed to file a timely separate rate application (Repwire v. United States, Fed. Cir. # 23-1933).