Indian Exporter Challenges Extension of AFA Rate to 'All Other' Respondents in AD Review

The Commerce Department was wrong to extend a total adverse facts available antidumping duty finding to "all other" respondents in an AD review, Indian exporter Kisaan Die Tech Private Limited said in a Sept. 14 complaint at the Court of International Trade (Kissan Die Tech Private Limited v. United States, CIT #21-00512). Commerce picked only one company, Chandan Steel Limited, to serve as mandatory respondent in the 2018-19 administrative review of the antidumping duty order on stainless steel flanges from India. However, Commerce had more than 40 to choose from, Kisaan said. Nevertheless, the agency settled for just Chandan and hit it with the punitive 146.25% dumping rate after finding that the company failed to cooperate to the best of its ability. "Commerce never determined that Plaintiff nor any of the other 'all other' respondents failed to cooperate with the agency’s review to the best of their ability," Kisaan said. The plaintiff now argues that it is not affiliated with Chandan and thus should not face the consequences for its alleged failure to cooperate.