Hyundai Electric & Energy Systems Co. v. United States

Summary

The United States Court of Appeals for the Federal Circuit affirmed the U.S. Court of International Trade’s judgment sustaining the Department of Commerce’s final results in the fifth administrative review of the antidumping duty order on large power transformers from South Korea. The court held that Commerce appropriately relied on facts otherwise available, applied an adverse inference, and canceled verification based on Hyundai’s failure to provide reliable and verifiable cost information. The opinion applies the substantial-evidence and compliance-with-law standards under 19 U.S.C. § 1516a(b)(1)(B)(i).

Holdings

1. Commerce properly relied on facts otherwise available because necessary information concerning Hyundai's product-specific costs and cost reconciliation was missing from the record.
2. Commerce properly canceled verification because Hyundai failed to provide the information necessary for Commerce's analysis, and verification was not required as an attempt to obtain missing information.
3. Commerce properly drew an adverse inference in selecting from among the facts otherwise available because Hyundai failed to act to the best of its ability in responding to Commerce's requests.

Questions Presented

1. Whether Commerce's decision to rely on facts otherwise available was supported by substantial evidence and consistent with law.
2. Whether Commerce's cancellation of verification was supported by substantial evidence and consistent with law.
3. Whether Commerce's use of an adverse inference in selecting from among the facts otherwise available was supported by substantial evidence and consistent with law.

Disposition

affirmed