CIT Upholds Parts, Sends Back Parts of AD Case on Large Power Transformers in Confidential Opinion

The Court of International Trade in a confidential May 10 opinion sustained parts and sent back parts of the Commerce Department's remand in a case brought by Hyundai Electric & Energy Systems on the administrative review of the antidumping duty order on large power transformers from South Korea. In a letter on the opinion, Judge Mark Barnett gave the litigants until May 17 to review the opinion to look over business confidential information (Hyundai Electric & Energy Systems v. U.S., CIT #20-00108).

In Commerce's remand results, the agency reconsidered the record evidence and took another look at its decision to hit Hyundai with total adverse facts available. Commerce said Hyundai failed to cooperate by not acting to the best of its ability when replying to a request for sales documentation, impeded the proceeding by submitting "shifting and opaque explanations" for its classification of certain parts as out-of-scope and failed to show that it reported all required sales in its U.S. sales database. The result is a 60.81% total AFA rate for Hyundai.