Barcode : 4326250-01 A-533-889 REV - Admin Review 12 / 13 / 19 - 5 / 31 / 21
Rates for Companies Not Selected for Individual Examination
The statute and Commerce ’ s regulations do not 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 an investigation , for guidance when calculating the rate for companies which we did not examine in an administrative review .
When the rates for individually examined companies are all zero , de minimis , or based entirely on facts available , section 735 ( c )( 5 )( B ) of the Act provides that Commerce may use “ any reasonable method ” to establish the all-others rate .
We calculated a zero percent dumping margin for one of the mandatory respondents in this review , PESL , and we based the dumping margin on facts available with an adverse inference for the other mandatory respondent , Antique Group . Upon further review , Commerce has determined that a reasonable method to establish the rate for the 51 non-selected companies subject to this administrative review is by relying on the all-others rate calculated in the initial investigation of this Order , 15 consistent with the guidance in section 735 ( c )( 5 )( B ) of the Act . 16 These 51 exporters are listed in Appendix II . For additional discussion , see the Issues and Decision Memorandum .
15
See Certain Quartz Surface Products from India : Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances , 85 FR 25391 , 25392 ( May 1 , 2020 ) ( Final Determination ); see also Issues and Decision Memorandum at Comment 5 .
16
See , e . g ., Ball Bearings and Parts Thereof from France , Germany , Italy , Japan , and the United Kingdom : Final Results of Antidumping Duty Administrative Reviews and Rescission of Reviews in Part , 73 FR 52823 , 52824 ( September 11 , 2008 ), and accompanying Issues and Decision Memorandum at Comment 16 .
4 Filed By : David Lindgren , Filed Date : 1 / 3 / 23 1:27 PM , Submission Status : Approved