CIT Issues Two Opinions in Antidumping Cases, Sustaining One and Remanding the Other
The Court of International Trade issued two opinions in antidumping cases, one sustaining the Commerce Department's remand results, and another remanding certain issues back to the agency. The first decision concerned a challenge brought by Husteel to the 2016-17 administrative review of the antidumping duty order on circular welded non-alloy steel pipe from South Korea. As it has done many times before, the court had initially remanded Commerce's decision to make a particular market situation adjustment to Husteel's sales-below-cost test. Judge Jennifer Choe-Groves said this adjustment is not permissible under the law, so Commerce dropped it under protest, leading the judge to sustain the remand.
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The second case, brought by SeAH Steel Corp., challenges the final results of the 2017-18 administrative review of the antidumping duty order on oil country tubular goods from South Korea. Looking at six different issues in the case, Choe-Groves sustained the final results in part and remanded them in part. In all, the court sustained Commerce's constructed export price profit rate and the agency's exclusion of freight revenue profit, while remanding Commerce's use of the Cohen's d test in its differential pricing analysis for identifying masked dumping and the agency's PMS determination.