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German Paper Co. Tariff Warranted, Commerce Tells Justices

Law360, New York (November 13, 2017, 3:29 PM EST) -- The U.S. Department of Commerce has urged the U.S. Supreme Court to reject arguments made by a German paper company that the agency’s determination of its more than 75 percent anti-dumping tariff was unlawful and not backed up by sufficient evidence, saying its use of adverse information available was warranted.

Commerce told the high court in a Nov. 1 opposition brief that the agency acted reasonably within its discretion when it drew from secondary information using an adverse inference against Papierfabrik August Koehler SE, noting that...
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