Many anti-dumping decisions are eventually reviewed by the Court of International Trade (CIT). CIT bases its review on the various documents and arguments submitted to the Commerce Department, known as the 'administrative record'. Except in extreme circumstances, CIT must limit its review to the information that has become part of the administrative record. It is therefore very important for a foreign company to make sure that the administrative record supports its positions in the anti-dumping investigation. The foreign company and its lawyers should monitor both what is included in the administrative record and what is not included.

It is important to include any documents necessary to establish the truth and accuracy of any claim made by the foreign company during the investigation. Then if the Commerce Department uses the wrong price, or denies an adjustment, the company and its lawyers will have the factual basis on which to urge CIT to overturn the Commerce Department decision. It is also important to exclude any documents that could prove embarrassing, or that could undermine arguments that the company hopes to make during the investigation. Although a foreign company does not have complete control over the documents that are included or excluded during the verification, it should strive to maintain as much control as possible by following the various suggestions set forth below.

Source: Business Guide to Trade Remedies in the United States: Anti-dumping, countervailing and safeguards legislation practices and procedures