Barcode : 4326250-02 A-533-889 REV - Admin Review 12 / 13 / 19 - 5 / 31 / 21
� In Nails from Oman Preliminary Results , Commerce determined that the sole respondent ’ s AFA margin of 154.33 percent was not reasonably reflective of the nonselected companies ’ potential margins because , in prior segments , Commerce had calculated significantly lower rates . As a result , Commerce pulled forward the all-others dumping margin from the original investigation . 200
� Similarly , in Stainless Steel Bar from India , Commerce pulled forward the dumping margin from the prior administrative review , concluding that pulling forward a rate was the “ most accurate and current possible rate … in light of the lack of data on this record .” 201
� Cases such as Nails from Taiwan , Fish Fillets from Vietnam , Xantham Gum from China , and Wood Flooring from China 2016-2017 , where Commerce rejected the “ pull forward ” methodology , are inapposite to the instant review . 202
DSG et al .’ s Case Brief 203 � Bestpak establishes that Commerce must ensure that the rate assigned to non-selected companies is fair and representative . 204
� When all rates are zero , de minimis , or AFA , section 735 ( c )( 5 )( B ) of the Act states that Commerce may use any reasonable method , including weight averaging the dumping margins of individually-investigated respondents . However , the method followed by Commerce in this case for selecting the non-selected company rate fails to apply accurately the rule established under section 735 ( c )( 5 )( B ) of the Act .
� Section 735 ( c )( 5 )( B ) of the Act establishes a methodology for investigations , not reviews . When it is a review , the statute is silent and , thus , implies that Commerce does not have an expected method and must , instead , select a reasonable method . Because the
200
Id . at 24 ( citing Certain Steel Nails from the Sultanate of Oman : Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments ; 2020-2021 , 87 FR 43240 ( July 20 , 2022 ) ( Nails from Oman Preliminary Results ), and accompanying PDM at 13 ).
201
Id . at 24-25 ( citing Stainless Steel Bar from India : Preliminary Results of Antidumping Duty Administrative Review ; 2019-2020 , 86 FR 11235 ( February 24 , 2021 ) ( Stainless Steel Bar from India ), and accompanying PDM at 8 ; Certain Lined Paper Products from India : Final Results of Antidumping Duty Administrative Review ; 2011- 2012 , 79 FR 26205 ( May 7 , 2014 ), and accompanying IDM at 3 ( explaining its decision to “ reach back ” to pull forward a margin calculated in a prior review ); and Colakoglu Metalurji A . S . v . United States , 553 F . Supp . 3d 1344 , 1352 ( CIT 2021 ) ( affirming Commerce ’ s use of the “ pull forward ” method and noting that “ by specifically carving out an exception to the general rule that Commerce should calculate all-others rates by using a weighted average of the mandatory respondents ’ rates … . Congress contemplated Commerce pulling forward previously determined rates .”)).
202
Id . at 25-26 ( citing Certain Steel Nails from Taiwan : Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments ; 2018-2019 , 85 FR 76014 ( November 27 , 2020 ) ( Nails from Taiwan ), and accompanying IDM at 14 ; Certain Frozen Fish Fillets from the Socialist Republic of Vietnam : Final Results , Final Results of No Shipments , and Partial Rescission of the Antidumping Duty Administrative Review ; 2015-2016 , 83 FR 12717 ( March 23 , 2018 ) ( Fish Fillets from Vietnam ), and accompanying IDM at 17 ; Xanthan Gum from the People ’ s Republic of China : Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments ; 2019-2020 , 87 FR 7104 ( February 8 , 2022 ) ( Xantham Gum from China ), and accompanying IDM at 6 ; and Multilayered Wood Flooring from the People ’ s Republic of China : Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments ; 2016-2017 , 84 FR 38002 ( August 5 , 2019 ) ( Wood Flooring from China 2016-2017 ), and accompanying IDM at 8 ).
203
See DSG et al .’ s Case Brief at 21-37 and 39-51 .
204
Id . at 23 ( citing Bestpak ).
46 Filed By : David Lindgren , Filed Date : 1 / 3 / 23 1:27 PM , Submission Status : Approved