CAFC Upholds AFA Against Greek Pipe Exporter in AD Review

The U.S. Court of Appeals for the Federal Circuit on Sept. 8 upheld the Commerce Department's decision to use adverse facts available against respondent Corinth Pipeworks Pipe Industry in the 2019-20 review of the antidumping duty order on large diameter welded pipe from Greece. Judges Jimmie Reyna, Richard Taranto and Leonard Stark held that Commerce reasonably found that Corinth failed to cooperate to the best of its ability in the review by not remedying deficiencies in its submitted cost reconciliation. The court added that the agency wasn't required to provide the respondent with an opportunity to comment on Commerce's analysis that led to the conclusion that Corinth's reported costs didn't reconcile with its financial accounting system. The opportunity to comment only applies to information submitted by interested parties, not Commerce's internal findings.