Commerce Illegally Withdrew Questionnaire in Aluminum Wire AD/CVD Reviews, Companies Argue

The Commerce Department improperly withdrew a questionnaire issued to an antidumping duty and countervailing duty respondent, Repwire and Jin Tiong said in a pair of identical complaints filed Feb. 21 at the Court of International Trade. Commerce's subsequent refusal to accept Jin Tiong's questionnaire responses led the agency to then illegally apply an adverse facts available rate, the companies said (Repwire v. United States, CIT #22-00016) (Jin Tiong Electrical Materials Manufacturer v. United States, CIT #22-00023).

The case concerns the AD/CVD administrative reviews of aluminum wire and cable from China in which Jin Tiong and ICF Cable served as the two mandatory respondents. The complaints say that Commerce "withdrew the questionnaire issued to Jin Tiong." The respondent objected, though it already submitted its response to Section A of the questionnaire. Commerce then refused to reconsider the withdrawal of the questionnaire, and rejected Jin Tiong's Section A response, the complaints said.

The respondent then did not file Sections C and D of the questionnaire and Commerce then hit Jin Tiong with an AFA rate. "The Department’s decision to assign a rate based on adverse facts is not supported by the record," the complaints said. "The Department’s rejection of Jin Tiong’s Section A response rendered the filing of Sections C and D of the Department’s questionnaire futile. The Department cannot apply AFA where it created the absence of information on the record."