(United States Federal Circuit) - In an appeal involving the Department of Commerce's calculation of margin following its final decision in an antidumping investigation,in specific refusal to apply a regulation limiting the use of the average-to-transaction methodology to non-targeted sales because the agency asserted that the regulation had been withdrawn in 2008, the Court of International Trade Court judgment that Commerce violated the Administrative Procedure Act (APA), or by withdrawing the regulation without providing notice and opportunity for comment,is affirmed where: 1) Commerce violated the requirements of the APA in withdrawing the regulation, leaving the regulation in force; 2) that its violation of the APA was not harmless; and 3) that the agency did not err in applying the regulation on remand.
Source: findlaw.com