Case 1:25-cv-00095-N / A Document 7 Filed 06 / 23 / 25 Page 9 of 11
inferences if the information should have been provided previously. Insofar as Commerce accepted new factual information from Antiqa and Win-Tel during and after verification that was methodological in nature, Commerce unreasonably departed from its established practice, rendering its decision unlawful.
40. Additionally, to the extent that Commerce requested additional information be placed on the record of the proceeding after verification had concluded, and after the opportunity for Plaintiff to comment on such information had passed, Commerce acted unlawfully. 19 U. S. C. § 1677m( i) requires that Commerce“ shall verify all information relied upon in making – a final determination in an investigation.” Thus, even accepting that Commerce is allowed to select which parts of the record it wishes to inspect during verification, it is not however permitted from relying on information that was not subject to verification because it had not yet been placed on the record of the proceeding when making a final determination in an investigation.
Claim 5 41. Paragraphs 1 through 40 are incorporated herein by reference. 42. Commerce practice has been to allow for a scrap offset only when the respondent provides the necessary evidence linking scrap sold with the scrap generated from the production of subject merchandise during the relevant period. See American Tubular Products, LLC v. United States, 847 F. 3d 1354, 1360-61( Fed. Cir. 2017).
43. Insofar as Commerce granted Win-Tel a scrap offset when the verification report indicated that Win-Tel does not track generation of scrap in the normal course of business, then such a decision is unsupported by substantial evidence and otherwise not in accordance with law.
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