Peer Bearing Company - Changshan v. United States

Summary

The United States Court of Appeals for the Federal Circuit reviewed Commerce’s application of adverse facts available in an antidumping-duty administrative review involving Peer Bearing Company–Changshan. The court held that the importer had a duty to maintain access to EP data because it knew that the proper methodology for calculating the antidumping margin was disputed and that the data might be requested. The court vacated the Court of International Trade’s decision and remanded with instructions to reinstate Commerce’s adverse-facts-available determination and margin calculation.

Holdings

1. Section 1677e(b) permits Commerce to apply adverse facts available when a respondent fails to maintain information that a reasonable and responsible importer should have anticipated being called upon to produce, even if Commerce first requests the information on remand.
2. Substantial evidence supported Commerce's determination that Peer Bearing failed to cooperate to the best of its ability by not maintaining access to the export-price data.

Questions Presented

1. Whether 19 U.S.C. § 1677e(b) permits Commerce to apply adverse facts available when the respondent failed to maintain data that Commerce first requested on remand.
2. Whether substantial evidence supported Commerce's determination that Peer Bearing failed to act to the best of its ability by not maintaining access to export-price data during the administrative and judicial proceedings.

Disposition

vacated