CAFC Issues Mandate in Steel Products CVD Case Over Failure to Report Affiliate

The U.S. Court of Appeals for the Federal Circuit issued its mandate on June 28 in a countervailing duty case over Indian exporter Uttam Galva's failure to report an affiliated cross-owned company. In a May opinion, the Federal Circuit said that the Commerce Department properly used adverse facts available, resulting in a 588.43% CVD rate, over the failure to report the affiliate in the CVD review on corrosion-resistant steel products from India. The court said the exporter didn't show that the affiliated company's financial statement could rebut the inclusion of 20 subsidy programs supposedly given to it, permitting the subsidies' inclusion in Uttam Galva's rate (Uttam Galva Steels Limited v. United States, Fed. Cir. #21-2119).