Chromium Trioxide From India: Final Affirmative Determination of Sales at Less Than Fair Value

When there is no individually-calculated estimated weighted-average dumping margin that is not zero, de minimis, or based entirely on facts available, section 735(c)(5)(B) of the Act directs Commerce to ``use any reasonable method to establish the estimated all-others rate for exporters and producers not individually investigated.'' \5\ In an LTFV investigation, when the estimated-weighted-average dumping margins for all individually investigated companies are determined entirely on the basis of AFA, Commerce's practice is to calculate the all-others rate as an average of the dumping margins alleged in the petition.\6\ --------------------------------------------------------------------------- \4\ See section 735(c)(5)(A) of the Act. \5\ See section 735(c)(5)(B) of the Act; see also 19 CFR 351.109(f)(2)(iii); and Albemarle Corp. v. United States, 821 F.3d 1345, 1352 (Fed. Cir. 2016) (``. . . when all individually examined respondents are assigned de minimis margins, Commerce is expected to calculate the separate rate by taking the average of those margins. Commerce may use `other reasonable methods,' but only if Commerce reasonably concludes that the expected method is `not feasible' or `would not be reasonably reflective of potential dumping margins.' (internal citations omitted)''). \6\ See, e.g., Certain Preserved Mushrooms from Spain: Final Determination of Sales at Less Th