Antidumping Petitioner to Appeal CIT Case Dropping Total AFA in AD Administrative Review

Defendant-intervenor ABB Enterprise Software will appeal a Court of International Trade decision upholding a zero percent antidumping rate for respondents Hyundai Heavy Industries Co. and Hyosung Corporation. ABB filed its intent to appeal the decision to the U.S. Court of Appeals for the Federal Circuit in a Sept. 7 notice at CIT. In the case, Chief Judge Mark Barnett only upheld the Commerce Department's remand after the agency dropped its adverse inference against Hyundai and Hyosung, as part of the fourth administrative review of the antidumping duty order on large power transformers from South Korea (see 2107120032). Commerce initially applied total adverse facts available to Hyundai, finding that the company understated its home market gross unit prices by failing to consistently report parts of its home market sales as foreign like product.