Barcode : 4326250-02 A-533-889 REV - Admin Review 12 / 13 / 19 - 5 / 31 / 21
�
�
�
�
� �
�
�
�
The courts have recognized that rates from prior time periods have little probative value for determining whether the expected method results in aberrational dumping rates , explaining that there would be no need to conduct administrative reviews if the facts and margins did not change from one period to the next . 235 The fact that PESL ’ s preliminary margin was zero has no bearing on whether the nonselected company rate is aberrational and , in fact , this zero rate was reflected in assigning the non-selected company rate . The fact that multiple Indian companies requested an administrative review fails to demonstrate that the non-selected company rate should be significantly lower than the preliminary rate they were assigned . In fact , the petitioner also requested a review of 50 Indian exporters , because it had reason to believe that the investigation rate was lower than it should be . While the historical rates of all Indian AD cases have little relevance to the instant review , to the extent they do , the preliminary non-selected company rate of 161.56 percent is well within the range of historical margins across all Indian AD cases ( zero to 293.40 percent ). An analysis of the average unit values of sales by PESL , Antique Group , and nonselected companies indicates that the expected rate results in a reasonable result . Bestpak was decided by the CAFC in 2013 and based on the reasoning in Gallant Ocean . 236 Since then , Congress updated the statute to state that Commerce is not required to demonstrate the commercial reality of an AFA rate . Additionally , since Bestpak and Navneet , the CAFC issued its decisions in Albemarle and Bosun , where the court clarified the reliance on the expected method as the default method , unless there is evidence to the contrary . 237 In Wood Flooring from China 2018-2019 , t Commerce excluded the rate applied to one mandatory respondent when calculating the non-selected company rate because the mandatory respondent was found to be part of the country-wide entity . As the countrywide rate was not under review , it was excluded from the expected method ; it was not excluded because of a finding by Commerce that it was unreasonable . 238 In this case , which is conducted under market economy principles , there is no reason to disregard Antique Group ’ s rate as there is when a company is assigned to the country-wide entity in a non-market economy proceeding . Nails from Oman Preliminary Results and Stainless Steel Bar from India differ from the instant case , because both involved a single mandatory respondent being assigned total AFA and , in both instances , there were several prior segments of the proceedings which demonstrated a history of rates that are not present in this case . 239 In Shrimp from Vietnam , Commerce calculated rates for a number of the companies not selected as mandatory respondents and determined that it was appropriate to rely on those rates . 240 In this case , Commerce has not calculated rates for any of the non-selected companies .
235
Id . at 47-48 ( citing Albemarle , 821 F . 3d at 1356 ; Pro-Team Coil III ).
236
Id . at 51 ( citing Bestpak , 716 F . 3d at 1380 ( citing Gallant Ocean , 602 F . 3d at 1325 )).
237
Id . at 51-52 ( citing Albemarle ; and Navneet ).
238
Id . at 52-53 ( citing Wood Flooring from China 2018-2019 IDM at Comment 1 ).
239
Id . at 54 ( citing Nails from Oman Preliminary Results ; and Stainless Steel Bar from India ).
240
Id . at 54-55 ( citing Shrimp from Vietnam IDM at Comment 6 ).
52 Filed By : David Lindgren , Filed Date : 1 / 3 / 23 1:27 PM , Submission Status : Approved