Papierfabrik August Koehler SE v. United States

by
At Appvion’s request, the Department of Commerce initiated a third administrative review of its antidumping duty order covering lightweight thermal paper from Germany. Koehler responded to Commerce’s antidumping questionnaire, including aggregate information about the quantity and value of home-market sales and a database showing individual home-market sales transactions. Commerce issued a supplemental questionnaire. Appvion filed an affidavit from a confidential source asserting that Koehler was engaged in a transshipment scheme, shipping goods destined for its home market through other markets so that those sales would not be reported as home-market sales to Commerce. After two extensions of time, Koehler’s response admitted that its employees had knowingly transshipped certain orders that should have been reported as home-market sales. It proffered an updated home-market sales database that allegedly included those sales. Commerce refused to accept the updated data, stating that the supplemental questionnaire had requested only clarification, not new data. Commerce found that Koehler had withheld information, failed to timely provide information, significantly impeded the proceeding, provided information that could not be verified, and failed to cooperate to the best of its ability. Commerce invoked its authority (19 U.S.C. 1677e) to draw adverse inferences and adopted, as Koehler’s dumping margin, the highest rate alleged in Appvion’s petition, 75.36%. The Trade Court and Federal Circuit affirmed, noting Commerce’s “considerable discretion” and that Commerce gave Koehler an opportunity to explain its conduct. View "Papierfabrik August Koehler SE v. United States" on Justia Law