Case 1:25-cv-00095-N / A Document 7 Filed 06 / 23 / 25 Page 7 of 11
27. Commerce continued to determine that Win-Tel and Neelson are not affiliated. See id. at 12-14. Commerce also determined not to collapse Marbonite and Segam with Antiqa. Id. at 18-22.
28. Commerce published the final negative determination on ceramic tile from India on April 23, 2025. In the Final Determination and the supporting memoranda, Commerce calculated a 0.00 percent dumping margin for both Antiqa and Win-Tel. See Final Determination, 90 Fed. Reg. 17,030. CLAIMS Claim 1 29. Paragraphs 1 through 28 are incorporated herein by reference. 30. Commerce practice is to collapse related entities and treat them as one entity, resulting in the calculation of a single weighted-average dumping margin for the collapsed entity. The collapsing practice is meant to ensure that Commerce reviews the entire producer or exporter, not merely a part of it, and prevents affiliated entities from circumventing antidumping duties by channeling production of subject merchandise through the affiliate with the lowest potential dumping margin.
31. The authority to collapse entities arises out of Commerce’ s“ responsibility to prevent circumvention of the antidumping law.” See Prosperity Tieh Enter. Co. v. United States, 965 F. 3d 1320, 1323( Fed. Cir. 2020).
32. Insofar as Commerce prematurely excluded Antiqa from reporting relevant information regarding affiliated entities Marbonite and Segam, Commerce abused its discretion when it unlawfully departed from its practice of requiring companies to initially report information requested from all affiliated producers and sellers of merchandise under
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