Full opinion text
OPINION RIDGWAY, Judge. In this consolidated action, the plaintiff Chinese producers and exporters of fresh garlic — Taian Ziyang Food Company, Ltd. (“Ziyang”), Taian Fook Huat Tong Kee Foodstuffs Co., Ltd. (“FHTK”), Zhengzhou Harmoni Spice Co., Ltd. (“Harmoni”), Jinan Yipin Corporation, Ltd. (“Jinan Yipin”), Linshu Dading Private Agricultural Products Co., Ltd. (“Linshu Dading”), Sunny Import & Export Co., Ltd. (“Sunny”), and Jinxiang Dong Yun Freezing Storage Co., Ltd. (“Dong Yun”) — contest the final results of the U.S. Department of Commerce’s ninth administrative review of the antidumping duty order covering fresh garlic from the People’s Republic of China (“PRC”). See Fresh Garlic from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review, 70 Fed.Reg. 34,082 (June 13, 2005) (“Final Results”); Issues and Decision Memorandum for the Administrative Review of the Antidumping Duty Order on Fresh Garlic from the People’s Republic of China (June 6, 2005) (Pub.Doc. No. 348) (“Decision Memorandum”); Notice of Amended Final Results of Antidumping Duty Administrative Review: Garlic from the People’s Republic of China, 70 Fed.Reg. 56,639 (Sept. 28, 2005) (“Amended Final Results”). Pending before the Court are four separate Motions for Judgment on the Agency Record, in which the Chinese Producers contest various different aspects of the Final Results. Ziyang challenges Commerce’s application of “facts available” with “adverse inferences” in calculating Ziyang’s dumping margin. See generally Memorandum of Points and Authorities in Support of Plaintiff Taian Ziyang Food Company, Ltd.’s CIT Rule 56.2 Motion for Judgment Upon the Agency Record (“Ziyang Brief’); Reply Brief of Plaintiff Taian Ziyang Food Company, Ltd., (“Ziyang Reply Brief’); Supplemental Brief of Plaintiff Taian Ziyang Food Company, Ltd. (“Ziyang Supplemental Brief’). FHTK similarly disputes Commerce’s application of adverse facts available, as well as Commerce’s valuation of garlic seed as a factor of production. See generally Brief of Taian Fook Huat Tong Kee Foodstuffs in Support of Rule 56.2 Motion for Judgment on the Agency Record (“FHTK Brief’); Reply Brief of Plaintiff Taian Fook Huat Tong Kee Foodstuffs Co., Ltd. (“FHTK Reply Brief’). The GDLSK Plaintiffs contest Commerce’s valuation of garlic seed, the inclusion of water as a factor of production, the calculation of the labor rate, the valuation of garlic seed from a producer’s own crops as a factor of production, the valuation of several post-harvesting factors of production (ie., cardboard cartons, plastic jars, and ocean freight), and the valuation of cold storage. See generally Brief in Support of Plaintiffs’ Rule 56.2 Motion for Judgment Upon the Agency Record (“GDLSK Brief’); Reply Brief in Support of GDLSK Plaintiffs’ Rule 56.2 Motion for Judgment Upon the Agency Record (“GDLSK Reply Brief’); Supplemental Brief in Support of GDLSK Plaintiffs’ Rule 56.2 Motion for Judgment Upon the Agency Record (“GDLSK Supplemental Brief’); Response to Defendant’s Supplemental Brief (“GDLSK Supplemental Response Brief’). Dong Yun challenges Commerce’s inclusion of water and land as factors of production, the calculation of the labor rate and the selection of the financial ratios. See generally Memorandum in Support of Plaintiff Dong Yun’s Rule 56.2 Motion for Judgment Upon the Agency Record (“Dong Yun Brief’); Plaintiffs Reply Brief to Defendant’s Memorandum in Response to Plaintiffs Rule 56.2 Motion for Judgment Upon the Agency Record (“Dong Yun Reply Brief’); Letter Memorandum from Counsel for Dong Yun to Clerk of the Court (May 16, 2008) (“Dong Yun Supplemental Brief’); Jinxiang Dong Yun Freezing Storage Co. Ltd., Response to Defendant’s Supplemental Brief of May 16, 2008 (“Dong Yun Supplemental Response Brief’). Defendant-Intervenors the Fresh Garlic Producers Association, Christopher Ranch, L.L.C., The Garlic Company, Valley Garlic, and Vessey and Company, Inc. (collectively, the “Domestic Producers”) oppose the Chinese Producers’ motions and urge that the Final Results be sustained in their entirety. See generally DefendanNIntervenors’ Brief in Response to Plaintiffs’ Motions for Judgment on the Administrative Record (“Domestic Producers Response Brief’); Defendant-Intervenors’ Rebuttal to Plaintiffs’ Supplemental Briefs (“Domestic Producers Rebuttal Brief’). The Government, in turn, maintains that the Final Results should be sustained in all respects, save two. See Defendant’s Memorandum in Opposition to Plaintiffs’ Rule 56.2 Motions for Judgment Upon the Agency Record (“Def. Response Brief’); Defendant’s Surreply to Dong Yun’s Reply to the Response to Its Rule 56.2 Motion for Judgment Upon the Agency Record (“Def. Surreply Brief’); Defendant’s Supplemental Brief (“Def. Supplemental Brief’); Defendant’s Rebuttal to Plaintiffs’ Supplemental Briefs (“Def. Rebuttal Brief’). First, the Government requests that the issue of valuing garlic seed from a producer’s own crop be remanded, so that Commerce may address the arguments of Harmoni and Jinan Yipin. See Def. Response Brief at 69-71. In addition, the Government requests a remand to permit Commerce to apply a new labor rate to Dong Yun. See Def. Response Brief at 2, 112-13. Jurisdiction lies under 28 U.S.C. § 1581(c) (2000). As detailed more fully below, the Motion for Judgment on the Agency Record filed by Ziyang must be denied, while the Motions for Judgment on the Agency Record filed by FHTK, the GDLSK Plaintiffs and Dong Yun are granted in part and denied in part. I. Standard of Review A final determination by Commerce in an antidumping case must be upheld, except to the extent that it is found to be “unsupported by substantial evidence on the record, or otherwise not in accordance with law.” 19 U.S.C. § 1516a(b)(l)(B)(i); see also Elkem Metals Co. v. United States, 468 F.3d 795, 800 (Fed.Cir.2006). Substantial evidence is “more than a mere scintilla”; rather, it is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Universal Camera Corp. v. Nat’l Labor Relations Bd., 340 U.S. 474, 477, 71 S.Ct. 456, 95 L.Ed. 456 (1951) (quoting Consol. Edison Co. v. Nat’l Labor Relations Bd., 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938)); see also Mittal Steel Point Lisas Ltd. v. United States, 548 F.3d 1375, 1380 (Fed.Cir.2008) (same). Moreover, any evaluation of the substantiality of evidence “must take into account whatever in the record fairly detracts from its weight,” including “contradictory evidence or evidence from which conflicting inferences could be drawn.” Suramerica de Aleaciones Laminadas, C. A. v. United States, 44 F.3d 978, 985 (Fed.Cir.1994) (quoting Universal Camera, 340 U.S. at 487-88, 71 S.Ct. 456); see also Mittal Steel, 548 F.3d at 1380-81 (same). On the other hand, the mere fact that it may be possible to draw two inconsistent conclusions from evidence in the record does not prevent Commerce’s determination from being supported by substantial evidence. See Am. Silicon Techs. v. United States, 261 F.3d 1371, 1376 (Fed. Cir.2001); see also Consolo v. Federal Maritime Commission, 383 U.S. 607, 620, 86 S.Ct. 1018, 16 L.Ed.2d 131 (1966). Finally, while Commerce must explain the bases for its decisions, “its explanations do not have to be perfect.” NMB Singapore Ltd. v. United States, 557 F.3d 1316, 1319 (Fed.Cir.2009). However, “the path of Commerce’s decision must be reasonably discernable,” to support judicial review. Id. II. Background The underlying antidumping order here at issue, covering imports of fresh garlic from the PRC, dates back to 1994. See Antidumping Duty Order: Fresh Garlic From the People’s Republic of China, 59 Fed.Reg. 59,209 (Nov. 16, 1994) (“Anti-dumping Order”). The administrative review which is the subject of this action— the ninth such review — began in November 2003, when Commerce gave notice of the opportunity to request a review of the Antidumping Order for the period November 1, 2002 through October 31, 2003 (known as the “period of review” or “POR”). See generally Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 68 Fed. Reg. 62,279 (Nov. 3, 2003). Commerce initiated the administrative review the following month. See generally Initiation of Antidumping and Countervailing Duty Administrative Reviews, 68 Fed.Reg. 74,550 (Dec. 24, 2003). Commerce subsequently issued its Preliminary Results, and invited comments. See generally Fresh Garlic from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Rescission in Part, 69 Fed. Reg. 70,638 (Dec. 7, 2004) (“Preliminary Results”). Commerce also conducted verifications and “took the unusual step of inviting the interested parties to submit argument regarding issues raised in the Preliminary Results, specifically regarding the [intermediate input] methodology applied in the Preliminary Results and the relative impact on yield from the [factors of production] used in the production of garlic.” Decision Memorandum at 3. Following briefing and oral argument before the agency, Commerce published the Final Results of the administrative review. See generally Final Results, 70 Fed.Reg. 34,082. In the Final Results, Commerce decided, inter alia, (1) to apply adverse facts available to Ziyang’s and FHTK’s growing and harvesting factors of production (including, inter alia, garlic seed, water, and labor), (2) to calculate the surrogate value of garlic seed using pricing data from the National Horticultural Research and Development Foundation (“NHRDF”), (3) to calculate the surrogate labor wage rate using Commerce’s standard regression model, (4) to assign a surrogate value to irrigation water, (5) to apply a surrogate value for garlic seed to certain producers that grew their own seed, (6) to apply a surrogate value for cold storage, (7) to use import statistics rather than domestic price quotes for the surrogate valuation of cardboard cartons, (8) to use import statistics rather than domestic price quotes for the surrogate valuation of plastic jars and lids, (9) to rely on Maersk freight shipping rates for the surrogate valuation of ocean freight, (10) to apply a surrogate value for land, and (11) to exclude certain companies from the financial ratio calculation, to exclude losses from the profit calculation, and to include certain costs in the financial ratios that were not incurred by all respondents. See generally Decision Memorandum. The actions consolidated here ensued. In the meantime, the parties requested that Commerce correct certain ministerial errors. At the request of the Government, this matter was remanded to the agency for that purpose. See Defendant’s Consent Motion for Leave to Publish Amended Final Results Correcting Ministerial Errors; Order Granting Defendant’s Consent Motion; see also Amended Final Results, 70 Fed.Reg. 56,639. Based on those corrections, Commerce recalculated the dumping margins for five of the Chinese Producers. See Amended Final Results, 70 Fed.Reg. at 56,640. In addition, the Government requested and was granted a voluntary remand to determine whether Commerce had miscalculated the labor wage rate by erroneously omitting certain data. See Defendant’s Partial Consent Motion for Voluntary Remand; Order Granting Defendant’s Partial Consent Motion; see also Final Results of Redetermination Pursuant to Court Remand (“Remand Results”). On remand, Commerce determined to include the omitted data, and recalculated the dumping margins for six of the Chinese Producers. See Remand Results at 1-2, 18-19. III. Analysis In their motions for judgment upon the agency record, the Chinese Producers advance numerous claims contesting the Final Results. Ziyang and FHTK contend that Commerce erred by applying adverse facts available to their growing and harvesting factors of production. FHTK and the GDLSK Plaintiffs argue that Commerce erred in selecting a surrogate value for garlic seed. The GDLSK Plaintiffs contend that Commerce erred by applying a surrogate value for purchased garlic seed to certain producers who grew their own seed, that Commerce erred in the calculation of the surrogate labor wage rate, and that Commerce erred in the surrogate valuation of irrigation water, cold storage, cardboard cartons, plastic jars, and ocean freight. Dong Yun asserts that Commerce erred in calculating a separate surrogate value for land as a factor of production, that Commerce erred in the valuation of irrigation water, and that Commerce miscalculated the surrogate labor wage rate and surrogate financial ratios. Each of the parties’ individual claims is discussed in turn below. For the reasons detailed there, Ziyang’s Motion for Judgment on the Agency Record is denied. On the other hand, the Motions for Judgment on the Agency Record by FHTK, Dong Yun and the GDLSK Plaintiffs are granted in part. A. Adverse Facts Available Ziyang and FHTK object to Commerce’s application of adverse facts available to their growing and harvesting factors of production. Both Ziyang and FHTK claim that their conduct in the administrative review did not warrant Commerce’s application of facts available. Further, both parties assert that the additional requirement for the application of an adverse inference — that Commerce find a party failed to cooperate by acting to the best of its ability to comply with a request for information — -was not established with substantial evidence and was arbitrarily applied. See generally Ziyang Brief at 1-39; Ziyang Reply Brief at 1-15; Ziyang Supplemental Brief at 1-6; FHTK Brief at 13-37; FHTK Reply Brief at 1-15. But see Def. Response Brief at 1-59; Def. Rebuttal Brief at 1-3, 7-15; Domestic Producers Response Brief at 1-3, 8-23. As discussed below, however, the objections of Ziyang and FHTK are wide of the mark. When goods are produced in a non-market economy (“NME”) country such as the PRC, Commerce presumes that factors of production are under state control and that home market sales are not reliable indicators of normal value. See 19 U.S.C. §§ 1677(18)(A), (C), 1677b. Accordingly, Commerce calculates normal value by isolating each factor of production in the production process in the NME country and assigning to it a value from a surrogate market economy country — in this case, India — using the “best available information.” See 19 U.S.C. § 1677b(c)(l). In essence, Commerce creates a “hypothetical” market value to approximate the production experience in the NME country. See Nation Ford Chem. Co. v. United States, 166 F.3d 1373, 1377-78 (Fed.Cir. 1999). The statutory factors of production include, but are not limited to, labor, raw materials, energy and other utilities, and representative capital cost, including depreciation. See 19 U.S.C. § 1677b(c)(3). Commerce adds to the total factors of production an estimated amount for general expenses and profit, plus the cost of containers, coverings, and other expenses. See 19 U.S.C. § 1677b(c)(l). To determine what factors of production are required for the subject merchandise, an antidumping questionnaire is issued to all respondents, as well as to those exporters and producers requesting treatment as voluntary respondents. See Antidumping Manual, Chap. 4 at 14-15 (Dept, of Commerce Jan. 22, 1998) (“AD Manual”). The antidumping questionnaire is designed to elicit all information necessary to determine whether a respondent is dumping and, if so, to calculate the dumping margin. AD Manual, Chap. 6 at 11. Where Commerce is unable to obtain all of the necessary information from a respondent, however, the agency may use “facts available” as a substitute. 19 U.S.C. § 1677e(a); 19 C.F.R. § 351.308. Thus, for example, Commerce may use facts available where a respondent withholds information or fails to provide it on time or in the form requested, or where the information provided the respondent cannot be verified. 19 U.S.C. § 1677e(a)(2); 19 C.F.R. § 351.308(a). Moreover, where a respondent affirmatively “fail[s] to cooperate by not acting to the best of its ability” in responding to the agency’s requests for information, Commerce may resort to “adverse facts available,” by applying an inference that is adverse to that respondent in selecting among the “facts available.” 19 U.S.C. § 1677e(b); 19 C.F.R. § 351.308(a); See also AD Manual, Chap. 6 at 14-16. When it is warranted, Commerce may use “facts available” or “adverse facts available” as a substitute for all or part of the information required to calculate a respondent’s dumping margin. See 19 U.S.C. § 1677e; 19 C.F.R. § 351.308. In the administrative review at issue, Ziyang and FHTK submitted responses to Commerce’s standard questionnaire, supplemental questionnaires and requests for information concerning the companies’ reported factors of production. In the Final Results, Commerce applied adverse facts available to both Ziyang’s and FHTK’s growing and harvesting factors of production, after finding that the two parties “did not provide reliable and whole information and did not act to the best of their ability in reporting factors of production data.” See Final Results, 70 Fed.Reg. at 34,084; Decision Memorandum at SOBS. Commerce concluded: ... [Wjithin the meaning of [19 U.S.C. § 1677e(a)], both FHTK and Ziyang have failed to provide necessary accurate information in response to the Department’s questionnaires. The lack of this necessary data impeded the conduct of the administrative review. We conclude that the information regarding [factors of production] provided by FHTK and Ziyang is not reliable or usable and that, therefore, the use of facts otherwise available is appropriate. ... [Wjithin the meaning of [19 U.S.C. § 1677e(b) ], FHTK and Ziyang failed to cooperate by not acting to the best of their abilities in complying with the Department’s requests for information for certain [factors of production] and that the use of [adverse facts available] is appropriate. FHTK and Ziyang’s responses to the Department’s questions concerning herbicide and polyethylene film (PE) film contained significant omissions, mischaracterizations, and overall lack of clarity. For the Department to calculate an accurate margin in an NME proceeding, respondents must provide the Department with correct responses to its questionnaires. The Department has no confidence in the reliability of FHTK’s and Ziyang’s reported growing and harvesting [factors of production]. Despite numerous opportunities to provide factual information or argument to support their reported [factors of production], FHTK and Ziyang did not act to the best of their respective abilities in providing information on the record.... Accordingly, we find that the application of an adverse inference is warranted in the selection of facts available. Decision Memorandum at 61-62. As a preliminary matter, Ziyang and FHTK assert that Commerce changed its method of valuing factors of production in this review, without justification and without a sufficiently reasoned explanation. See Ziyang Brief at 12-15; Ziyang Reply Brief at 1-7; FHTK Brief at 17-20; FHTK Reply Brief at 9-12. Ziyang argues that, in prior reviews of fresh garlic from the PRC, Commerce calculated normal value using a respondent’s submitted data concerning factor usage and relied on the verification process to confirm the accuracy of the reported data. See Ziyang Brief at 12; Ziyang Reply Brief at 2. According to Ziyang and FHTK, in the current review, Commerce changed its methodology to compare, or “benchmark,” individual respondents’ factors of production data against the data of other respondents. See Ziyang Brief at 12-15; Ziyang Reply Brief at 3; FHTK Brief at 17-20; FHTK Reply Brief at 6-8. This argument amounts to a claim that, in reviewing the information provided by one respondent, Commerce cannot consider information provided by other respondents. But, as the Government properly points out, “Commerce is required [to] consider all significant, relevant information on the record.” See Def. Response Brief at 28; 19 U.S.C. § 1675(a). Moreover, as the Government notes, there was in fact no real change in methodologies: “[F]ar from a change in practice, Commerce fully reviewed the facts in the administrative record and addressed individual party comments, as is required by 19 U.S.C. § 1675(a).” See Def. Response Brief at 28 (citing Decision Memorandum at 59-63). In the Preliminary Results, Commerce compared all of the Chinese Producers’ reported factors of production data to certain guidelines set forth in two Chinese articles, to assess the reliability of the reported data. See Preliminary Results, 69 Fed.Reg. at 70,642. But, thereafter, Commerce concluded that the specific benchmarks in the Chinese articles were not reliable. As a result, in the Final Results, Commerce employed a different methodology, analyzing the Chinese Producers’ reported factors of production as a whole. In that process, the data of Ziyang and FHTK stood out as inconsistent with the data reported by other Chinese Producers. See Decision Memorandum at 59-63. Ziyang and FHTK assert that it is unrealistic to benchmark factors of production, and contend that — because Commerce found the benchmark methodology unreliable in the Preliminary Results— Commerce’s continued use of benchmarking in the Final Results was not supported by record evidence and was inconsistent with Commerce’s own statements. See Ziyang Brief at 12-15; Ziyang Reply Brief at 1-7; FHTK Brief at 17-20; FHTK Brief at 17-20; FHTK Reply Brief at 10-11; see also Preliminary Results, 69 Fed. Reg. at 70,642. But Ziyang and FHTK either misunderstand or misrepresent the methodology that Commerce used in reaching the Final Results. As noted above, in the Final Results, Commerce did not rely on the Chinese articles to establish benchmark parameters for factors of production data. Nor did Commerce require data on individual factors of production to fall within certain specified ranges. Indeed, the Final Results expressly disclaimed benchmarking. Commerce concluded: The record of this particular administrative review does not support the usage of objective benchmarks in this segment of the proceeding. Thus, we have determined not to rely on the benchmarks used in the Preliminary Results for the final results of this review. Decision Memorandum at 10-11. As the Final Results explained, Commerce instead took a “holistic look at the entire growing process — that is, the collective whole of all growing and harvesting [factors of production] in relation to the overall yield — in order to determine whether such data [made] sense, and [were] reliable, for purposes of calculating normal value.” See Decision Memorandum at 10; Def. Response Brief at 27. For purposes of the Final Results, Commerce’s analysis thus focused on observed discrepancies in the respondents’ reported data as a whole. Commerce noted, for example, that respondents could achieve the same yield with varying levels of herbicide and labor — that is, more herbicide to kill weeds would require less labor to pull weeds, and vice versa. See Decision Memorandum at 10. Using this holistic approach, Commerce reasonably determined that an explanation was required where a respondent that reported using zero herbicide and extremely low levels of labor achieved the same yields as other respondents using herbicide and average levels of labor. Commerce carefully reviewed the facts on the record, including the other respondents’ data as a whole, and made a studied determination that the factors of production data reported by Ziyang and FHTK were not reliable. See Def. Response Brief at 28, 51-52; see also Decision Memorandum at 17. Commerce adequately explained the purpose and reasoning behind the methodology employed to analyze the respondents’ factors of production, as discussed in greater detail below. See Def. Response Brief at 17-18; Domestic Producers Response Brief at 11; Decision Memorandum at 10-13; see generally Ziyang AFA Memorandum (Pub. Doc. No. 357; Conf. Doc. No. 119); FHTK AFA Memorandum (Pub. Doc. No. 357; Conf. Doc. No. 118). The claims of Ziyang and FHTK to the contrary are lacking in merit. 1. Facts Available Ziyang and FHTK argue that Commerce erred on several grounds in its determination to use facts available to value their growing and harvesting factors of production. See 19 U.S.C. § 1677e(a). Initially, Ziyang and FHTK rehash their claims that Commerce’s use of benchmarking to evaluate their reported factors of production was arbitrary, and they maintain that any conclusions reached using the methodology were not supported by substantial evidence. Ziyang and FHTK also deny withholding information from Commerce, and insist that they provided data in the form and manner requested by the agency. Ziyang and FHTK similarly deny that their actions impeded the administra,tive review, or that they provided unverifiable information. Ziyang argues in the alternative that — if the information submitted was deficient or proved to be an impediment — Commerce improperly failed to notify Ziyang of that fact. Ziyang and FHTK maintain that the usage rates for factors of production in garlic cultivation vary for a variety of reasons. They contend that Commerce’s conclusion that their reported rates of usage “were not reasonably within a range established by the other respondents’ data, some of which was unverified” was not supported by substantial evidence. See Ziyang Brief at 15; see also FHTK Brief at 18-20. As documented in the Final Results, however, Commerce identified significant discrepancies between the usage rates submitted by Ziyang and FHTK and those of other respondents — discrepancies which Ziyang and FHTK failed to satisfactorily explain, despite repeated opportunities to do so. See Decision Memorandum at 3; Def. Response Brief at 23. Ziyang’s and FHTK’s arguments to the contrary are baseless. In the review at issue, Ziyang and FHTK reported no use of herbicides or pesticides, claiming that plastic polyethylene (“PE”) film was sufficient to prevent weeds. But Commerce noted that “all nine respondents use [PE] film to cover the ground during the production process and yet many other companies still applied herbicides and pesticides.” See Def. Response Brief at 21; see also Modification of Factors of Production Memorandum (Conf. Doc. No. 79), at 5. Thus, as the Government points out, Commerce reasonably determined that “it did not seem credible, given that all nine respondents reported using the same type of [PE] film, that Ziyang would not use herbicides or pesticides.” See Def. Response Brief at 21. Moreover, Commerce’s determination that Ziyang’s factors of production were unreliable was not based solely on Ziyang’s failure to report the use of herbicide-impregnated PE film. Commerce also analyzed Ziyang’s high overall garlic yield in comparison to the company’s relatively low usage rates for various factors of production, including, inter alia, seed, water, and labor. See Def. Response Brief at 24-27; Ziyang AFA Memorandum (Pub.Doc. No. 357), at 11. For example, Commerce observed that Ziyang’s and FHTK’s claimed water consumption was considerably lower than that of other respondents with farms less than 42 kilometers away. See Def. Response Brief at 21; Preliminary China Cost Memorandum (Conf.Doc. No. 69), Exh. 3. Indeed, the Government points out that Dr. Voss (retained by FHTK and Ziyang as a garlic expert) stated that “FHTK’s reported water rate was ‘very little’ and, although it was ‘possible’ to use such little water, ‘it would probably take rare circumstances.’ ” Def. Response Brief at 44 (quoting FHTK Third Party Submission (Conf.Doc. No. 85), Exh. 22); FHTK AFA Memorandum (Pub.Doc. No. 356), at 7. Both Ziyang and FHTK had the opportunity to explain the discrepancies in their reported data. After issuing its initial antidumping questionnaire, Commerce sent several supplemental questionnaires and also a request for third party independent data to Ziyang and FHTK. Decision Memorandum at 60-61. However, Ziyang’s and FHTK’s submissions did not directly respond to Commerce’s request to explain the factors of production information, nor did the submissions explain Ziyang’s and FHTK’s reported factor input levels or the relationship of the reported factor inputs to the reported yield. See Ziyang AFA Memorandum (Pub.Doc. No. 357), at 5; FHTK AFA Memorandum (Pub.Doc. No. 356), at 5. Thus, as Ziyang and FHTK “failed to answer Commerce’s concerns about the basic reliability of their [factors of production] data,” Commerce’s determination that the reported factors of production data was unreliable is sustained. See Domestic Producers Response Brief at 19. Ziyang and FHTK also claim that they did not withhold information from Commerce in the administrative review, pursuant to 19 U.S.C. § 1677e(a)(2)(A). Ziyang asserts that if Commerce was lacking information, Commerce had the affirmative duty under 19 U.S.C. § 1677m(d) to inform Ziyang of that fact. At issue is Ziyang’s disclosure that it used herbicide laced PE film as a factor of production, after repeatedly denying that any herbicide was used, and the contradictory responses to herbicide use submitted by FHTK. In the initial questionnaire, Commerce instructed Ziyang to report all the factors of production used in the cultivation of garlic. Ziyang reported that no herbicide was used. After finally disclosing the use of herbicide after the Preliminary Results were already issued, Ziyang attempted to justify its misrepresentation by stating that herbicide impregnated plastic film is not specifically identified on the questionnaire as a factor of production and therefore Ziyang was not at fault for not reporting. See Ziyang Brief at 17-19; Ziyang Reply Brief at 7-9. Ziyang insists that it answered the questionnaires in the form and manner requested by Commerce, which treated herbicide and PE film as separate factors of production. Ziyang Brief at 17-18; see Commerce Questionnaire (Pub.Doc. No. 26), at App. V7, V9-V17. Ziyang argues that, “Defendant and [the Domestic Producers] refuse to acknowledge that [Commerce’s] questionnaire defined ‘herbicide’ and ‘plastic cover’ as distinct [factors of production].” Ziyang Reply Brief at 8. Furthermore, “[a]lthough Ziyang used plastic film that contained herbicide blended into the film, Ziyang reasonably recorded this item as ‘plastic cover’ in [Commerce’s] worksheet, because that was the most fitting categorization.” Ziyang Brief at 18; Ziyang Reply Brief at 8; Ziyang Section D Response (Pub. Doc. No. 94; Conf. Doc. No. 8), Exh. 7. But, as the Government points out, it is the respondent’s obligation to provide truthful and accurate information. Def. Response Brief at 30 (citing Gourmet Equip. Corp. v. United States, 24 CIT 572, 574, 2000 WL 977369 (2000); Kaiyuan Group v. United States, 28 CIT 698, 720, 343 F.Supp.2d 1289, 1310 (2004); Firth Rixson Special Steels Ltd. v. United States, 27 CIT 873, 883-84, 2003 WL 21500534 (2003); Atlantic Sugar, Ltd. v. United States, 744 F.2d 1556, 1560 (Fed. Cir.1984); Gulf States v. United States, 21 CIT 1013, 1040, 981 F.Supp. 630, 653 (1997)). Respondents must identify the factors of production for the particular merchandise — in a timely manner and without mischaracterization — so that Commerce can select appropriate surrogate values and calculate accurate dumping margins. See Def. Response Brief at 29-31. Commerce’s questionnaire called'for a “complete and detailed narrative response[ ]” to the factors of production used in growing garlic, which Ziyang failed to provide. Def. Response Brief at 19; see also Commerce Questionnaire (Pub.Doc. No. 26), at 19. And, as the Domestic Producers emphasize, even Ziyang’s eventual disclosure that it used herbicide PE film was confusing, because Ziyang notified Commerce “that it used herbicide laced plastic film — in four short sentences — within a 600 page document, and devoted an additional four pages more of non-chemical approaches to weed control.” See Domestic Producers Response Brief at 17; Ziyang AFA Memorandum (Pub.Doc. No. 357), at 10. In essence, Ziyang proposes that using herbicide film does not qualify as a use of herbicide. See Domestic Producers Response Brief at 17-18, Ziyang AFA Memorandum (Pub.Doc. No. 357), at 10. This argument has no merit. Because Ziyang was obligated to report the use of herbicide and failed to do so in a non-obfuscating and timely manner, Commerce’s conclusion that Ziyang withheld information was reasonable. Def. Response Brief at 24; Decision Memorandum at 60-62. In a last attempt to justify the failure to report herbicide PE film to Commerce, Ziyang argues that it did not fail to provide information to Commerce under 19 U.S.C. § 1677e(a)(2)(B), because Commerce, through the wording of the questionnaires, failed to communicate the question it wanted answered and thus never gave Ziyang a chance to respond. See Ziyang Brief at 21; Ziyang Reply Brief at 7-8; see 19 U.S.C. § 1677e(a)(2)(B). Ziyang states that, “[ujnder 19 U.S.C. § 1677m(d), [Commerce] must give respondents an opportunity to remedy or to explain deficiencies in their submissions prior to resorting to facts available in a final determination.” Ziyang Brief at 21-22 (citing SKF USA Inc. v. United States, 29 CIT 969, 979-980, 391 F.Supp.2d 1327, 1336-37 (2005); CITIC Trading Co. Ltd. v. United States, 27 CIT 356, 370-71 (2003)); Ziyang Reply Brief at 9. Ziyang claims that instead of being informed about the deficiency, Commerce “kept silent, and left the false impression that it would continue to value plastic film using the method from prior reviews.” Ziyang Brief at 22. However, as the Government persuasively argues, there was no way Commerce could know about Ziyang’s use of herbicide film unless Ziyang reported it, which Ziyang failed to do in the three questionnaires issued by Commerce. Def. Response Brief at 29-30. Until “Ziyang placed Exh. 27 of its 600 page third-party submission on the record, after the Preliminary Results were issued, and after all questionnaire responses had been filed with Commerce, there was no evidence that Ziyang, or any company, used a product like polyethylene film laced with herbicide.” Def. Response Brief at 30; Ziyang AFA Memorandum (Pub.Doc. No. 357), at 11. But the Government zeroes in on the flaw in Ziyang’s underlying argument— that, “[i]n essence, Ziyang’s contention is that although Commerce asked if it used polyethylene film and herbicide, it never specifically asked if it ‘used polyethylene film laced with herbicide,’ making Commerce at fault for its inaccurate reporting.” Def. Response Brief at 29. As stated above, the questionnaire called for a “complete and detailed narrative response ...” for the factors of production used in growing garlic — -which Ziyang failed to provide when it did not list herbicide PE film as a factor of production. Def. Response Brief at 19; Commerce Questionnaire (Pub.Doc. No. 26), at D2. The Government also notes that Ziyang’s suggested surrogate value submission for plastic film was comparable to the values of regular PE film, which provided no indication that Ziyang was using a specialized film. Def. Response Brief at 20; FHTK and Ziyang Surrogate Data Submission (Pub.Doc. No. 154), Exh. 9. Indeed, “Commerce could not have informed Ziyang that information was missing from its harvest of production data when it did not know that the information submitted by Ziyang in the New Shipper Review and its various questionnaire responses was incorrect.” Def. Response Brief at 33-34. As the Government points out, “Ziyang was the only party with knowledge of its use of herbicide-laced polyethylene film and it failed to provide that information in a timely or accurate manner.” Def. Response Brief at 31. Thus, Commerce’s conclusion that Ziyang withheld information was reasonable and based on substantial evidence. For its part, FHTK argues that “the record contains no evidence that FHTK was dishonest in any of its submissions or that Commerce uncovered any evidence of dishonesty at any point during the proceeding.” FHTK Reply Brief at 5. However, like Ziyang, FHTK provided confusing answers to Commerce’s inquiries concerning the use of herbicide. See FHTK AFA Memorandum (Pub.Doc. No. 356), at 7-10. Despite FHTK’s denial that any herbicide was used, and that only regular PE film with additional labor for hand weeding was necessary, Commerce noted that FHTK’s labor rates were less than that reported by respondents that did use herbicides. FHTK AFA Memorandum (Pub.Doc. No. 356), 8-11 (emphasis added). Furthermore, FHTK attempted to demonstrate the reliability of its reported factors of production by providing information to Commerce about herbicide laced PE film as an alternative to regular herbicide use— but simultaneously assert that such a description is not a “veiled admission” of herbicide use. See FHTK Brief at 17. But FHTK’s argument misses the point. Commerce reasonably determined that FHTK’s reported factors of production were unreliable because FHTK did not provide an adequate answer to Commerce’s inquiry about FHTK’s herbicide use, providing only generalized non-specific answers and suggested alternatives to herbicide use that did not address FHTK’s actual methods or Commerce’s concerns about reliability. See FHTK AFA Memorandum (Pub.Doc. No. 356), at 11. FHTK claims the fact that their “yield is different from the yields reported by other respondents does not constitute a valid basis upon which to reject FHTK’s [factors of production] data.” FHTK Brief at 22. However, Commerce did not deny the fact that yields vary; rather, Commerce focused on the interplay of various factors of production and questioned how FHTK achieved such a high yield despite the low or extremely low inputs of raw materials. See FHTK AFA Memorandum (Pub.Doc. No. 356), at 6. Because FHTK responded to Commerce’s request for information concerning yields with a “broad discussion,” containing “little, if any, information specific to the conditions at FHTK,” which “did little to explain how FHTK’s reported yield was impacted by factor input levels,” Commerce reasonably determined that FHTK’s factors of production could not be relied upon for the calculation of normal value. FHTK AFA Memorandum at 6. Ziyang next contends that, even if its submissions were flawed, Commerce’s resort to facts available violated 19 U.S.C. § 1677m(e), which requires the consideration of imperfect information if certain criteria are met. Ziyang Brief at 22 (citing Borden Inc. v. United States, 22 CIT 233, 262-63, 4 F.Supp.2d 1221, 1246 (1998)); Ziyang Reply Brief at 10. Ziyang claims that it met the requirements prescribed by 19 U.S.C. § 1677m(e). But, as stated above, Ziyang failed to list herbicide PE film in the initial questionnaire issued by Commerce, and in subsequent question-names, Ziyang continued to deny the use of herbicide in its garlic cultivation. Only after the time period for reporting factors of production data closed and the Preliminary Results were published, did Ziyang disclose the use of the herbicide film. As Commerce correctly determined, Ziyang’s specific response was not placed on the record by the deadlines set forth by the agency to allow for surrogate value submissions and comments. Ziyang and FHTK also challenge Commerce’s analysis relevant to the second criterion of § 1677m(e), that information must be verifiable. Ziyang Brief at 16, 22-23; FHTK Brief at 33-37; FHTK Reply Brief at 12. Ziyang notes that Commerce previously verified Ziyang’s factors of production rates in the semi-contemporaneous New Shipper Review. Ziyang Brief at 16, 22-23. Ziyang asserts that Commerce’s conclusion in the current administrative review, that the reported factors of production could not have been verified, “is impossible to accept.” See Ziyang Brief at 23; see also Ziyang Brief at 16 (stating the verification from the New Shipper Review was firm evidence of the accuracy of Ziyang’s factors of production data (citing Mitsubishi Materials Corp. v. United States, 17 CIT 301, 319, 820 F.Supp. 608, 624 (1993))). However, Commerce did not ignore contrary evidence as Ziyang contends. In fact, Commerce “recognize[d] that Ziyang requested verification on several occasions,” but noted that “[v]erification is not an exercise in clarifying or reconciling contradictory, unclear, or mischaracterized information provided by a respondent,” and “[t]aken in their entirety over the course of the proceeding, ... we believe the on-site verification of Ziyang’s response could not have resolved the discrepancies.” See Ziyang AFA Memorandum (Pub.Doc. No. 357), at 15-16; Def. Response Brief at 32; see also FHTK AFA Memorandum (Pub.Doc. No. 356), at 15. The Government explains that verification of Ziyang’s books and records would “not necessarily indicate ... that Ziyang’s [factors of production] were accurate,” which was the central cause of concern for Commerce. See Def. Response Brief at 31-32. Furthermore, unless a domestic party makes a request for verification, a verification has not been performed in the two prior reviews or Commerce determines good cause exists, verification is not required in an administrative review. 19 U.S.C. § 1677m(i); see also Domestic Producers Response Brief at 21. While Commerce accepted Ziyang’s factors of production in the New Shipper Review, Commerce “did not have the opportunity in the new shipper review to compare Ziyang’s reported factors of production with several other respondents, as it did in this review.” Def. Response Brief at 31. It was the Commerce’s comparison of data submitted from all respondents that sent up red flags concerning Ziyang’s (and FHTK’s) relatively high garlic yield— produced from unusually low growing and harvesting factors of production. Furthermore, the Government points out that, “the very fact that Commerce did verify Ziyang’s books and records in the new shipper review, and did not discover, or even suspect, that Ziyang used a specialized herbicide-impregnated film, undermines this argument.” Def. Response Brief at 31-32. Commerce’s determination not to verify Ziyang and FHTK was reasonable given the record evidence in this review, and Commerce has provided a sufficient explanation of the rationale behind that decision. Ziyang next asserts that the information submitted was not so confusing or unreliable, so as to violate the third criterion of § 1677m(e) — that submitted information not be so incomplete that it cannot be used as a reliable basis for reaching the applicable determination. However, as stated supra, Commerce explained that the low factors of production usage rates submitted by Ziyang were questionable because of Ziyang’s high yield. Then, only after Ziyang could not explain how the yield was achieved, and later disclosed the use of herbicide PE film, did Commerce determine Ziyang’s factors of production were unreliable. Therefore, because Ziyang’s reported factors of production data was unreliable as a basis to determine the dumping margin, Ziyang failed to satisfy the third criterion. Ziyang also contends that it “did its best to report information related to plastic film and herbicide in the form and manner requested by [Commerce],” fulfilling the fourth provision of § 1677m(e) to act to the best of its ability in providing information. Ziyang Brief at 24. However, as discussed above, Commerce found that Ziyang “failed to report all its factors and provided seemingly unreasonable data and contradictory statements throughout the proceeding.” Ziyang AFA Memorandum (Pub.Doc. No. 357), at 16. Further, when asked to provide an explanation for the high yield despite low factors of production usage rates, Ziyang provided “explanations [that] were wholly confusing and often irrelevant, submitting hundreds of pages to the record that did not speak to the primary purpose of [Commerce’s] requests to explain yield and factors input levels in the context of Ziyang’s production.” Ziyang AFA Memorandum (Pub.Doc. No. 357), at 16. Ziyang contends that Commerce “simply failed to communicate its confusion to Ziyang” regarding the herbicide PE film— and that Commerce cannot blame Ziyang for its confusion. Ziyang Brief at 24. But, one is hard pressed to find any ambiguity in the instructions for completing Commerce’s factors of production questionnaire, which state, “If you have questions regarding how to compute the factors of the subject merchandise, please contact [Commerce].... [P]rovide complete and detailed narrative responses.... Provide a detailed description of the production process utilized for the production of the subject merchandise.... If you are unable to complete any part of the worksheet, please explain in detail why you are unable to do so.” Commerce Questionnaire (Pub.Doc. No. 26), at D1-D2; Ziyang Section C and D Questionnaire Responses (Conf.Doc. No. 8), at D17; see also Domestic Producers Response Brief at 17-19. For the last criterion of § 1677m(e), Ziyang disputes Commerce’s claim that it could not use the submitted information on factors of production without undue difficulties. Ziyang charges that Commerce found Ziyang’s factors of production data to be invalid based on a faulty comparison to other respondents’ data, despite the fact that some of Ziyang’s data had been previously verified in the New Shipper Review. See Ziyang Brief at 25. But again, Ziyang’s arguments lack merit. Commerce “operates under statutory deadlines by which it must publish its findings, analyses and calculations,” and Commerce “could not continue to grant additional opportunities to Ziyang to continually update and modify information — without undue difficulties to [Commerce] and its ability to conduct a meaningful thorough analysis.” Ziyang AFA Memorandum (Pub.Doc. No. 357), at 16. The unreliable information submitted by Ziyang could not have been used without undue difficulties — in fact, it could not have been used at all. Ziyang also contests Commerce’s conclusion that Ziyang obstructed the conduct of the administrative review under 19 U.S.C. § 1677e(a)(2)(C). See Ziyang Brief at 20; Ziyang Reply Brief at 9. Ziyang mistakenly contends that, “[i]f Commerce wanted to obtain a specific surrogate value for herbicide treated plastic film, the record contains no support for Commerce’s claim that Ziyang impeded its ability to do so, because Ziyang reported its use of this plastic film at the first opportunity.” Ziyang Brief at 20. As the Government underscores, Commerce had insufficient time to value herbicide PE film because of the delay in learning that Ziyang used that product — a delay actually caused by Ziyang through the confusing manner in which it reported the use of herbicide PE film. In Ziyang’s Third Party Submission, where Ziyang claims that it reported the use of herbicide PE film, Ziyang supplied several conflicting statements. Ziyang devoted four pages of the submission to herbicide alternatives, consistent with Ziyang’s prior submissions stating that no herbicide was used. Ziyang also stated that “research indicates that it is not necessary to use herbicide or pesticide in garlic production to produce a commercially viable crop,” and that “[p]lastic films “provide non-chemical alternatives for control of insects, diseases, and weeds.” Ziyang AFA Memorandum (Pub.Doc. No. 357), at 9-10 (quoting Ziyang Third Party Submission (Pub.Doc. No. 255), at 13, 15). Then, on page 22 of the 600 plus page document, Commerce noted one sentence stating that, “Ziyang used weeding film during (the) garlic planting period. Exhibit 27 includes information and a manual for weeding film from the producer.” Ziyang Third Party Submission (Pub.Doc. No. 255), at 22. This is the extent of Ziyang’s admission to Commerce that it used herbicide film. In the Ziyang AFA Memorandum, Commerce stated that it found it misleading that Ziyang would devote four pages to a discussion of alternatives to herbicide or pesticide, followed by four sentences and an exhibit reference which discreetly acknowledged the use of herbicide impregnated PE film. See Ziyang AFA Memorandum (Pub.Doc. No. 357), at 10. In addition, this “admission” surfaced more than eleven months after Ziyang’s original questionnaire responses were submitted to Commerce, after the close of the period for reporting factors of production usage levels, and despite Ziyang’s submission of a surrogate value for PE film consistent with non-specialized or ordinary PE film. Ziyang AFA Memorandum (Pub.Doc. No. 357), at 16; see also Def. Response Brief at 20 ('referencing FHTK and Ziyang Surrogate Data Submission (Pub.Doc. No. 154), Exh. 9). By not reporting its use of herbicide until after the close of the time-frame to do so, and burying that fact within a 600 page document, Ziyang hamstrung Commerce’s ability to value a necessary factor of production. See Def. Response Brief at 24. Likewise, Ziyang’s argument that Commerce was required by statute to provide Ziyang the opportunity to present new information about its use of herbicide PE film — after the period for submitting factors of production data expired and after repeatedly denying any herbicide was used — is baseless. Further, in concluding that Ziyang impeded the administrative review, Commerce did not rely solely on Ziyang’s failure to report the use of herbicide PE film. Def. Response Brief at 23-27. Commerce also questioned Ziyang’s factors of production usage rates for seed, water and labor in relation to the garlic yield Ziyang achieved. Def. Response Brief at 24-25. Commerce gave Ziyang multiple opportunities to explain how Ziyang’s low usage rates for the reported factors of production produced an above average yield, i.e., the validity of the submitted data, but failed to do so. See Decision Memorandum at 60-61; Def. Response Brief at 33-34. However, instead of cooperating, as the Domestic Producers point out, “Ziyang chose to swamp the record with confusing and irrelevant secondary data in an attempt to explain how different farmers’ production experience can vary, but without directly addressing their own experience.” Domestic Producers Response Brief at 19. Ziyang did not provide the reliable factors of production data that Commerce needs to calculate accurate dumping margins in NME proceedings. See Ziyang AFA Memorandum (Pub.Doe. No. 357), at 16. As a result, Commerce reasonably determined that “Ziyang withheld or did not provide complete and reliable information to [Commerce] pertaining to various [factors of production] in the form and manner requested by [Commerce]. The lack of this necessary data impeded the conduct of the administrative review.” Decision Memorandum at 61; see also Def. Response Brief at 23-24. For all the preceding reasons, Commerce’s determination to apply facts available to Ziyang’s and FHTK’s growing and harvesting factors of production is sustained. 2. Adverse Inferences Ziyang and FHTK contest Commerce’s application of adverse inferences when selecting from among the facts available to value their factors of production. See Ziyang Brief at 25-31; Ziyang Reply Brief at 12-15; Ziyang Supplemental Brief at 3-4; FHTK Brief at 29-33; FHTK Reply Brief at 2-9. Both Ziyang and FHTK allege that Commerce’s conclusion that neither cooperated to the best of their ability is unsupported by substantial evidence and otherwise contrary to law. See Ziyang Brief at 25; Ziyang Reply Brief at 12; Ziyang Supplemental Brief at 3-4; FHTK Brief at 29-30; FHTK Reply Brief at 2-3. Ziyang and FHTK assert that they complied with all of Commerce’s requests for information and that some of the requested information was beyond the scope of what a reasonable importer would keep as normal business records, making the request impossible to fulfill. See Ziyang Brief at 25-31; Ziyang Reply Brief at 12-15; Ziyang Supplemental Brief at 3-4; FHTK Brief at 29-33; FHTK Reply Brief at 2-9. Ziyang also contends that Commerce’s selection of adverse facts is contrary to law. For the reasons that follow, Commerce’s determination to apply partial adverse facts to Ziyang and FHTK is sustained. The application of adverse inferences can only occur after Commerce first determines that the use of facts available are appropriate under 19 U.S.C. § 1677e(a). As explained in section III.A.1 above, Commerce’s determination to use facts available to value Ziyang’s and FHTK’s factors of production is sustained. Consequently, to apply an adverse inference to the facts available, Commerce must make an additional finding that a party has failed to act to the best of its ability when complying with a request for information from Commerce. Ziyang and FHTK challenge Commerce’s finding that they failed to cooperate to the best of their ability with the reporting of factors of production. Both Ziyang and FHTK rely on the standard set forth by the Federal Circuit in Nippon Steel Corp. v. United States, 337 F.3d 1373 (Fed.Cir.2003). Ziyang Brief at 25-31; Ziyang Reply Brief at 12-15; Ziyang Supplemental Brief at 3; FHTK Reply Brief at 3-4. The Nippon court preliminarily determined that 19 U.S.C. § 1677e(b) does not expressly define “best of its ability.” Nippon, 337 F.3d at 1382. However, after analyzing the plain meaning of the phrase, the court stated that under the “best of its ability” standard, a respondent is required to do the maximum it is able to do. Nippon, 337 F.3d at 1382. Further, the court held that to draw an adverse inference, Commerce must demonstrate: [A]n objective showing that a reasonable and responsible importer would have known that the requested information was required to be kept and maintained under the applicable statutes, rules, and regulations. Second, Commerce must then make a subjective showing that the respondent under investigation not only has failed to promptly produce the requested information, but further that the failure to fully respond is the result of the respondent’s lack of cooperation in either: (a) failing to keep and maintain all required records, or (b) failing to put forth its maximum efforts to investigate and obtain the requested information from its records. Nippon, 337 F.3d at 1382-83; see also Ziyang Brief at 26; Ziyang Reply Brief at 12-13. Ziyang asserts that Commerce did not make the second, subjective, showing with regard to the reporting of herbicide PE film — that Commerce did not show Ziyang failed to put forth its maximum efforts in providing information to Commerce. Ziyang Brief at 26; Ziyang Reply Brief at 14. With regard to Ziyang’s factors of production, Ziyang contends that Commerce failed to meet both the objective and subjective requirements of the Nippon test. Ziyang Brief at 29-31; Ziyang Reply Brief at 13. Ziyang unconvincingly argues that Commerce’s initial questionnaire instructions distinguished herbicide and PE film as separate factors of production, justifying Ziyang’s failure to report the use of herbicide PE film and demonstrating that Ziyang gave maximum effort to respond to Commerce’s questionnaire. Ziyang Brief at 27-28. Ziyang stresses that the first supplemental questionnaire only sought confirmation of the use of PE film and the thickness of the film, which Ziyang provided. Ziyang states that the second supplemental questionnaire, asking Ziyang to verify the non-use of herbicide, was answered consistently with the prior questionnaires — that Ziyang did not use herbicide as a factor of production. Ziyang Brief at 27. However, as discussed in section III.A.1, this argument lacks credibility, as Commerce requested a complete and detailed description of Ziyang’s garlic cultivation processes and instructed Ziyang to inquire about any problems encountered while complying with that directive. Further, when asked in the second questionnaire whether it used herbicide, Ziyang unequivocally stated that, “Ziyang confirms that it does not use any herbicide or pesticide in the production of the subject merchandise.” See Ziyang Second Supplemental Questionnaire (Pub.Doc. No. 193), at 7. Ziyang’s subsequent admission that it used herbicide PE film directly contradicts this statement to Commerce. An adverse inference may be drawn “under circumstances in which it is reasonable for Commerce to expect that more forthcoming responses should have been made ...” Nippon, 337 F.3d at 1383. Clearly, Commerce was reasonably entitled to expect Ziyang to report the use of herbicide if herbicide was used. Ziyang’s arguments to the contrary are meritless. Ziyang and FHTK claim that Commerce’s request that they explain their factors of production in relation to yield required information beyond the scope of their normal business records. Ziyang Brief at 29-31; Ziyang Reply Brief at 13; Ziyang Supplemental Brief at 3; FHTK Brief at 31-32; FHTK Reply Brief at 11. Both Ziyang and FHTK point out that hundreds of pages of material were placed on the record in response to Commerce’s request' — but neither Ziyang nor FHTK highlight any specific information in the submissions regarding their specific practices or procedures that resulted in such high yields despite the low factor inputs. Decision Memorandum at 62-63; Ziyang AFA Memorandum (Pub.Doc. No. 357), at 17; FHTK AFA Memorandum (Pub.Doc. No. 356), at 16. Ziyang and FHTK seem to suggest the submission of voluminous amounts of general non-responsive data is synonymous with the submission of relevant answers specific to the question asked, which is obviously not the case. See NSK Ltd., v. United States, 481 F.3d 1355, 1361 (Fed.Cir.2007) (finding it reasonable for Commerce to determine that a respondent did not provide a legitimate attempt to provide a full and complete answer when the response submitted was unrelated to the question). Further undermining Ziyang’s and FHTK’s supposition is the fact that some of the information supplied either contradicted previous responses or was completely unusable. Ziyang and FHTK, as exporters of goods to the United States, are expected to keep records of its business operations and procedures for the cultivation of garlic and to apply maximum efforts to provide Commerce with full and complete answers. See Nippon, 337 F.3d at 1382. Further, as the Federal Circuit stated, while the best of ability “standard does not require perfection and recognizes that mistakes sometimes occur, it does not condone inattentiveness, carelessness, or inadequate record keeping. It assumes that importers are familiar with rules and regulations that apply to the import activities undertaken.” Nippon, 337 F.3d at 1382. Commerce requested specific information about production methods or practices to explain Ziyang’s and FHTK’s high yields and low factors of production rates. Decision Memorandum at 60-62. Ziyang and FHTK unsuccessfully attempt to recharacterize Commerce’s inquiry solely as an investigation of how other respondents operate their garlic farms, but as discussed supra, that was not the case. Ziyang and FHTK also attempt to show that Commerce failed to make the requisite statutory showing that Ziyang and FHTK did not cooperate to the best of their abilities in reporting factors of production information. Ziyang Brief at 29; Ziyang Reply Brief at 13-14; Ziyang Supplemental Brief at 3-4; FHTK Brief at 29-33; FHTK Reply Brief at 8-9. Ziyang and FHTK contend that Commerce cannot demonstrate that Ziyang and FHTK failed to put forth maximum efforts to investigate and obtain the requested information from its records. Ziyang Brief at 30-31; Ziyang Reply Brief at 13-14; Ziyang Supplemental Brief at 3-4; FHTK Brief at 29-33; FHTK Reply Brief at 9-11. Yet, when given the opportunity in the Third Party Submission to assuage Commerce’s concerns about the factors of production, Ziyang