D & L Supply Co. v. United States

BRYSON, Circuit Judge.

Before its amendment in 1994, the antidumping statute directed that when a party to an antidumping proceeding failed to provide properly requested information, the Commerce Department was required to “use the best information otherwise available” in determining the appropriate antidumping duty rate. 19 U.S.C. § 1677e(e) (1988). Pursuant to that provision, the Commerce Department developed a protocol that allowed it to use the highest dumping margin established in any prior administrative review or in the less-than-fair-value proceeding as the “best information available”…