MUKAND, LTD. v. U.S.

No. 2013-1425.

767 F.3d 1300 (2014)

MUKAND, LTD., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and Carpenter Technology Corporation, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 16, 2014.


Attorney(s) appearing for the Case

Peter J. Koenig , Squire Sanders (US) LLP, of Washington, DC, argued for plaintiff-appellant.

Eric E. Laufgraben , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendantappellee, United States. With him on the brief were Stuart F. Delery , Assistant Attorney General, Jeanne E. Davidson , Director, and Patricia M. McCarthy , Assistant Director. Of counsel on the brief was Justin R. Becker , Attorney, Office of the Chief Counsel for Trade Enforcement and Compliance, United States Department of Commerce, of Washington, DC.

Grace W. Kim , Kelley Drye & Warren LLP, of Washington, DC, argued for defendant-appellee, Carpenter Technology Corporation. With her on the brief were Laurence J. Lasoff and Mary T. Staley.

Before NEWMAN, DYK, and REYNA, Circuit Judges.


REYNA, Circuit Judge.

Mukand, Ltd. ("Mukand") appeals a decision of the Court of International Trade affirming the Department of Commerce's application of adverse facts available in its calculation of an antidumping duty on Mukand's imports of stainless steel bar from India. The Department of Commerce applied adverse facts available ("AFA") after Mukand failed to provide production cost data broken down by product size as requested on five separate occasions. For...

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