Nan Ya Plastics Corp. v. United States

In 2002, the Department of Commerce published notice of an antidumping duty order covering polyethylene terephthalate film, sheet, and strip (PET Film) from Taiwan, Commerce initiated administrative review in 2010, covering three respondents, including Nan Ya and Shinkong. Without providing a reason, Nan Ya informed Commerce that it would not participate in the review; it submitted no information. Commerce determined that Nan Ya significantly impeded the proceeding, applied an adverse inference to Nan Ya in selecting among the facts available, and assigned a 74.34% rate to Nan Ya. The Court of International Trade sustained Commerce’s determination. The Federal Circuit affirmed. Under 19 U.S.C. 1677e(b)(4), Commerce may assign the highest transaction-specific margin on the record of the subject review. If Commerce selects the highest transaction-specific margin from the subject review from among the adverse facts available, it need not corroborate that information. Congress has confirmed there that Commerce has the “discretion to apply [the] highest rate” and need not demonstrate that a particular dumping margin “reflects an alleged commercial reality of the interested party,=” in the Trade Preferences Extension Act of 2015. View "Nan Ya Plastics Corp. v. United States" on Justia Law