Barcode : 4259556-02 A-533-889 REV - Admin Review 12 / 13 / 19 - 5 / 31 / 21
margins . Accordingly , because we were able to corroborate the Petition rate of 323.12 percent with individual margins from PESL , we have preliminarily assigned Antique Group an AFA rate of 323.12 percent .
VI .
MARGIN FOR COMPANIES NOT SELECTED FOR INDIVIDUAL EXAMINATION
In this review , there are 53 companies for which a review was requested but not selected for individual review . None of these companies requested to participate as a voluntary respondent or submitted a claim of no shipments ; therefore , these companies remain non-selected respondents .
The statute and Commerce ’ s regulations do not directly address the establishment of a rate to be applied to individual companies not selected for examination when Commerce limits its examination in an administrative review pursuant to section 777A ( c )( 2 ) of the Act . Generally , Commerce looks to section 735 ( c )( 5 ) of the Act , which provides instructions for calculating the all-others rate in a market economy investigation , for guidance when calculating the rate for companies which were not selected for individual review in an administrative review . Under section 735 ( c )( 5 )( A ) of the Act , the all-others rate is normally “ an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated , excluding any zero or de minimis margins , and any margins determined entirely { on the basis of facts available }.”
When the weighted-average dumping margins established for all individually investigated respondents are zero , de minimis , or based entirely on facts available , section 735 ( c )( 5 )( B ) of the Act permits Commerce to “ use any reasonable method to establish the estimated all-others rate for exporters and producers not individually investigated , including averaging the estimated weighted average dumping margins determined for the exporters and producers individually investigated .” Moreover , the SAA explains that “{ t } he expected method in such cases will be to weight-average the zero and de minimis margins and margins determined pursuant to the facts available . 55 Additionally , the SAA provides that if the expected method is “ not feasible ” or “ results in an average that would not be reasonably reflective of potential dumping margins for non-investigated exporters or producers ,” Commerce may use “ other reasonable methods ” to calculate the non-investigated exporters ’ or producers ’ rate . 56
In this review , we have preliminarily calculated a zero percent weighted-average dumping margin for PESL , and we have preliminarily assigned a dumping margin to Antique Group that is based entirely on AFA . We cannot apply our normal methodology of calculating a weightedaverage margin using the actual net U . S . sales values and dumping margins for Antique Group and PESL because doing so could indirectly disclose business-proprietary information to both of these companies . In order to strike a balance between our duty to safeguard parties ’ business proprietary information and our attempt to adhere to the guidance set forth in section
55
See SAA at 873 .
56
Id ; see also Albemarle Corp . v . United States , 821 F . 3d 1345 , 1352 ( Fed . Cir . 2016 ) ( holding that Commerce may only use “ other reasonable methods ” if it reasonably concludes that the expected method is “ not feasible ” or “ would not be reasonably reflective of potential dumping margins ”).
11 Filed By : Kyle Clahane , Filed Date : 7 / 1 / 22 2:00 PM , Submission Status : Approved