Fed. Circ. Mulls Commerce's Use Of Adverse Inference

Law360, New York (October 10, 2013, 3:02 PM EDT) -- A Federal Circuit panel on Thursday quizzed the U.S. Department of Commerce about its authority to issue countervailing duties on a private Chinese company based partly on an adverse inference about the conduct of the Chinese government during the investigation.

Chinese furniture importer Fine Furniture (Shanghai) Ltd. was imposed countervailing duties in a Commerce investigation in part because the government of China, listed as an interested party in the case, refused to release information about allegedly reduced electricity rates it had offered the company.

That refusal led...
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