Background
Galvasid S.A. de C.V. challenged the U.S. Department of Commerce’s calculation of its dumping margin. Commerce had applied facts otherwise available and an adverse inference based on Galvasid’s purported failure to report separate freight or insurance revenue in the U.S. market.
The Court of International Trade remanded the matter for Commerce to reconsider Galvasid’s dumping margin without relying on that asserted reporting failure as the basis for facts otherwise available or an adverse inference.
The Court’s Holding
On remand, Commerce determined that applying facts otherwise available or an adverse inference was not warranted. The court concluded that Commerce’s revised determination was consistent with its remand opinion.
Because no party submitted comments on the remand redetermination, the court sustained Commerce’s remand results and entered judgment accordingly.
Key Takeaways
- Commerce abandoned its use of facts otherwise available and an adverse inference concerning Galvasid’s reporting of freight or insurance revenue.
- The court found Commerce’s revised dumping-margin determination consistent with the remand instructions.
- No party objected to Commerce’s remand results, which the court sustained.
Why It Matters
The judgment confirms that Commerce could not predicate adverse treatment of Galvasid on the purported failure to separately report freight or insurance revenue. It also illustrates how an unopposed remand redetermination may conclude a trade-remedy challenge once Commerce conforms its analysis to the court’s instructions.