WTO Appellate Body: use of 'adverse facts available' open to 'as such' challenge

The World Trade Organization Appellate Body last week determined that the Commerce Department's use of “adverse facts available” in antidumping investigations is open to a sweeping “as such” challenge, a decision that analysts say could have major implications. Trade law experts told Inside U.S. Trade that the Appellate Body's May 11 decision that the department's use of adverse facts available is open to an “as such” challenge represents a step toward the possibility that the practice is reined in...