Fusong Jinlong Wooden Group Co., Ltd. v. United States

Summary

The Federal Circuit affirmed the Court of International Trade's final order sustaining Commerce's redetermination of a 31.63% separate rate in the sixth administrative review of an antidumping-duty order on multilayered wood flooring from China. The court held that appellants' arguments—that Commerce improperly included Sino-Maple's adverse-facts-available rate in the calculation and that the resulting rate was 'aberrational'—were forfeited because they depended on factual circumstances that changed during the proceedings and appellants never re-presented them to the Trade Court, instead asking it to uphold Commerce's remand results. The court declined to exercise its discretion to review the forfeited arguments and did not reach the merits.