Shanxi Hairui Trade Co., Ltd. v. United States, No. 21-2067 (Fed. Cir. 2022)
Annotate this Case
In its ninth administrative review of its antidumping order regarding certain steel nails from China, the Department of Commerce relied on adverse facts available (AFA) in calculating antidumping rates for two mandatory respondents. For Shandong, Commerce relied on total AFA to compute a rate of 118.04% because Shandong did not cooperate at all with Commerce’s investigation. For Dezhou, Commerce relied on partial AFA to compute a rate of 69.99% because it found that Dezhou’s supplier engaged in a fraudulent transshipment scheme and that this misconduct was attributable to Dezhou. Commerce then used those AFA-based rates to compute its all-others rate (the rate applied to all exporters of the subject merchandise who requested a separate rate but whom Commerce did not select as mandatory respondents).
The Trade Court and Federal Circuit affirmed. During an initial investigation, Commerce must generally set the all-others rate equal to the weighted average of the mandatory respondents’ individual dumping margins, excluding any margins determined entirely on AFA, 19 U.S.C. 1673d(c)(5)(A); no such provision exists concerning administrative reviews. Commerce acted reasonably in adopting a new sampling methodology because it found that smaller exporters were behaving differently than larger exporters and that AFA-based margins yield an all-others rate representative of the exporters as a whole.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.