Best available information in countervailing duty investigations sustains subsidy and injury findings when parties do not cooperate.

In countervailing duty investigations, where foreign producers, exporters, or the foreign government fail to cooperate or provide complete information, the Designated Authority may lawfully rely on the best available information and draw adverse inferences under the Rules. Here, the Authority had issued notices, sought data, and afforded opportunities for participation, but cooperation remained incomplete and on-site verification was not permitted. The Tribunal held that the Authority had examined subsidy, injury, causal link, volume and price effects, and public body issues within the framework of the Rules and Annexure I. The challenge to the countervailing duty levy failed, and the Authority's findings were upheld.

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Issues: Whether the countervailing duty levy and the Designated Authority's findings on subsidy, injury, and causal link could be interfered with when the foreign producers and the foreign government did not cooperate and the Authority relied on available information.

Analysis: The record showed that the investigation was initiated on prima facie material and that the Designated Authority issued notices, sought information, and afforded opportunities to the interested parties. The foreign government did not provide complete information or permit on-site verification, and the non-cooperating producers/exporters also did not furnish complete data. In that situation, the Authority was entitled under the Countervailing Duty Rules to proceed on the basis of available information and to draw adverse inferences where cooperation was lacking. The Tribunal also found that the Authority had examined the volume effect, price effect, injury parameters, and the question of public body within the framework of the Rules and Annexure I.

Conclusion: The challenge to the countervailing duty levy failed. The findings of the Designated Authority were upheld and the appeal was rejected.

Ratio Decidendi: In countervailing duty investigations, where the interested parties and the foreign government fail to cooperate or furnish complete information, the designated authority may lawfully rely on the best available information and sustain its findings on subsidy and injury if the statutory procedure has been followed.

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