CIT Remands China Magnesium Exporter's Adverse AD Rate due to Doctored Supplier Docs
In the May 2007 -- April 2008 AD administrative review of pure magnesium from China, a Chinese exporter reported values for raw materials and by-products supplied to it by an unaffiliated supplier. When the ITA visited the supplier to verify…
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the amounts following the preliminary results, the supplier was not cooperative and provided documents that appeared doctored. The ITA then assigned the Chinese exporter, Tianjin Magnesium, the adverse facts available rate of 111.73%, but the CIT has now remanded the case to the ITA with instructions to make a new finding as to whether the exporting company itself, rather than its unaffiliated supplier, did or did not cooperate to the best of its ability, reasoning that “[t]he court cannot accept a construction…under which the party who suffers the effect of the adverse inference is not the party who failed to cooperate.” (Slip Op. 11-117, dated 02/11/11.)