The Federal Circuit found that the government properly “provided a sufficiently particularized basis for the requested remand. It has identified a concrete set of allegations and evidence involving the period covered by the ruling under review, while taking care not to explore the merits of the issues prematurely.” Based on the facts presented by the government, the Court ruled that the basis for remand was “sufficiently specific and non-speculative to pass any applicable threshold for allowing Commerce to look into the matter before this court proceeds with a review of an order that might be modified.”
AHSTAC appealed to the Federal Circuit in 2012 after the CIT found that Commerce had adequately responded to the evidence on the record at the time. While this appeal was pending, the evidence suggesting transshipment and proving affiliation misrepresentation was placed on the record of the 2010-11 administrative review. With the Federal Circuit’s per curium order, the case will go back to the CIT and eventually back to Commerce to reconsider the 2008-09 administrative review determination in light of the new evidence.