A binational panel determined that the United States Department of Commerce (USDOC) must review a case of anti-dumping duties against imports of washing machines originating in Mexico and produced by Electrolux.
Specifically, the case refers to the Review of the Final Resolution of the Administrative Review of the Antidumping Tax 2016-2017, on imports of Large Capacity Domestic Washing Machines from Mexico.
Initially, on April 18, 2018, the complainants Electrolux Home Products, Electrolux Home Products and Electrolux Home Products de México (collectively, “Electrolux”), a Mexican producer and exporter of the merchandise under investigation, filed a request for review by a Panel of those results.
In its claim, filed on May 18, 2018, the company raised two issues:
1) USDOC erred in law in applying “adverse facts available” (“AFA”) to Electrolux because, among other things, USDOC failed to properly notify the company with the anti-dumping questionnaire published on April 18, 2017.
2) USDOC’s practice to allow a law firm that has missed a filing deadline to only have a “second chance” to present out-of-time information is illegal. The company alleges that it was unfairly penalized when Commerce used this practice as the basis for rejecting Electrolux’s questionnaire responses because Commerce determined that the then-Electrolux attorney had already received a “second chance” in an unrelated case involving a different client. .
Consequently, the Panel forwards the Resolution to USDOC to reconsider its decision to reject Electrolux’s responses of September 1, 2017 in the record, considering only the second criterion in the record of this proceeding.
Therefore, it does not come to the question at this time as to whether AFA’s application to Electrolux was appropriate.
USDOC was not required to notify Electrolux of the questionnaire when it duly published the Notice of Initiation of Review in the Federal Register and posted the questionnaire on ACCESS.
In addition, the Commerce Department did not abuse its discretion by rejecting Electrolux’s requests for extensions, late responses to the questionnaire, and requests for reconsideration until July 2017.
Furthermore, USDOC abused its discretion by rejecting Electrolux’s questionnaire responses based primarily on the application of the “second chance” practice.
On resubmission, the Commerce Department must reconsider its decision to reject Electrolux’s responses to the September 1, 2017 questionnaire, turning to the other basis for its decision.
Therefore, when examining all the documents and procedures presented here to date, as well as the allegations presented at the Hearing held on November 10, 2020, the Penel determined that:
- This matter is returned to the Department of Commerce of the United States of America.
- The United States Department of Commerce reconsiders its decision to reject and remove Electrolux’s responses to the September 1, 2017 questionnaire from the record, based solely on the applicable laws, regulations, and facts in the record of this proceeding, in accordance with the specific instructions contained in Section IV.D of this Interim Panel Decision.
- Within 90 days following the date of this Provisional Decision and Order, the Department of Commerce will inform this Panel of its Determination on return.
- The determinations of the Department of Commerce with respect to the other matters addressed in this document are hereby confirmed.
- Gustavo A. Uruchurtu, President.
- Mateo Diego Fernández, Panelist.
- Robert E. Ruggeri, Panelist.
- Alejandro Sanchez Arriaga, Panelist.
- Jennifer M. Smith, Panelist.