Federal Circuit: Nan Ya Plastics Corporation v. US

Trade, Administrative

As the plain terms of the statute permit the agency to consider any information before it in setting the rate, an unusually high benchmark does not offend the limitations of accuracy and commercial reality.

As the rate is based on a primary source, the corroboration requirement is not triggered.

http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-1054.Opinion.1-14-2016.1.PDF