CAFC Issues Mandate in Suit Rejecting High AFA Rates Without 'Strong Need'

The U.S. Court of Appeals for the Federal Circuit on Feb. 13 issued its mandate in an antidumping duty case after ruling that the Commerce Department must establish a "particularly strong need to deter noncompliance" when setting adverse facts available rates that drastically differ from accuracy margins (see 2501070084). The appellate court rejected a 154.33% AD rate for steel nail exporter Oman Fasteners, which was set after the company missed a filing deadline by 16 minutes. The appellate court said Commerce should only look to impose massive AFA rates based on a record of unreasonable negligence or international misconduct (Oman Fasteners v. United States, Fed. Cir. # 23-1661).