The Commerce Department uses one of two methodologies to determine whether antidumping occurred during a particular period, and the courts have upheld the department’s right to use either methodology.
The appeals court ruling issued earlier this month requires the department to explain why it is choosing one of the methods over the other for a particular review.
While it won’t change the outcome of the review on which the lawsuit is based, attorneys in the case say it sets a precedent for future cases.
Under
