Barcode : 4259556-02 A-533-889 REV - Admin Review 12 / 13 / 19 - 5 / 31 / 21
that the secondary information to be used has probative value . 47 The Act also makes clear that when selecting an AFA margin , Commerce is not required to estimate what the dumping margin would have been if the interested party failing to cooperate had cooperated or to demonstrate that the dumping margin reflects an “ alleged commercial reality ” of the interested party . 48 To corroborate secondary information , Commerce will , to the extent practicable , examine the reliability and relevance of the information to be used . 49
Finally , under section 776 ( d ) of the Act , Commerce may use any dumping margin from any segment of a proceeding under an antidumping order when applying an adverse inference , including the highest of such margins . 50 If Commerce is unable to corroborate the highest petition margin using individual transaction-specific margins ; Commerce may use the component approach to corroboration . 51
Antique Group ’ s initial questionnaire responses and databases are on the record ; however , the second supplemental questionnaire identified significant deficiencies in Antique Group ’ s initial responses covering sections C ( for U . S . sales ) and D ( for cost of production ) that were never resolved . Thus , we preliminarily find that we cannot rely on any of the U . S . pricing or cost data currently on the record for Antique Group to calculate a margin . Therefore , application of total AFA in determining a dumping margin for the Antique Group is appropriate .
When assigning adverse rates in a review , Commerce ’ s practice is to select as AFA the higher of : ( 1 ) the highest dumping margin alleged in the petition ; or ( 2 ) the highest calculated rate for any respondent from any segment of the proceeding . 52 Further , under section 776 ( c )( 2 ) of the Act , Commerce is not required to corroborate a dumping margin applied in another segment of the proceeding . 53 In this proceeding , the highest dumping margin alleged in the Petition concerning QSP from India was 323.12 percent , which is higher than the highest calculated margin for any individually examined respondent . 54 To determine the probative value of the dumping margin of 323.12 percent alleged in the Petition , we examined the information on the record of the instant review . When we compared the dumping margin of 323.12 percent alleged in the Petition to the preliminary individual dumping margins for PESL in this review , we found the rate of 323.12 percent to be within the range of PESL ’ s calculated individual dumping
47
Id .; see also 19 CFR 351.308 ( d ).
48
See sections 776 ( d )( 3 )( A ) and ( B ) of the Act .
49
See , e . g ., Tapered Roller Bearings and Parts Thereof , Finished and Unfinished , from Japan , and Tapered Roller Bearings , Four Inches or Less in Outside Diameter , and Components Thereof , from Japan ; Preliminary Results of Antidumping Duty Administrative Reviews and Partial Termination of Administrative Reviews , 61 FR 57391 , 57392 ( November 6 , 1996 ), unchanged in Tapered Roller Bearings and Parts Thereof , Finished and Unfinished , from Japan , and Tapered Roller Bearings , Four Inches or Less in Outside Diameter , and Components Thereof , from Japan ; Final Results of Antidumping Duty Administrative Reviews and Termination in Part , 62 FR 11825 ( March 13 , 1997 ).
50
See section 776 ( d )( 1 ) -( 2 ) of the Act .
51
See Initiation of Antidumping Duty Investigations : Certain Lined Paper Products from India , Indonesia , and the People ’ s Republic of China , 70 FR 58374 , 58379 ( October 6 , 2005 ).
52
See , e . g ., Certain Uncoated Paper from Indonesia : Final Determination of Sales at Less Than Fair Value , 81 FR 3101 ( January 20 , 2016 ).
53
See section 776 ( c )( 2 ) of the Act .
54
See Certain Quartz Surface Products from India and the Republic of Turkey : Initiation of Less-Than-Fair-Value Investigations , 84 FR 25529 ( June 3 , 2019 ); see also Order .
10 Filed By : Kyle Clahane , Filed Date : 7 / 1 / 22 2:00 PM , Submission Status : Approved