Commerce Asks for Voluntary Remand to Reconsider Decision Not to Use Quarterly Cost Methodology
The Commerce Department filed an unopposed voluntary remand motion at the Court of International Trade in an antidumping duty case so the agency can consider information submitted by respondent Officine Tecnosider on Commerce's use of the quarterly cost methodology. DOJ said it couldn't find Commerce's analysis of the quarterly average prices of steel slab when prepping its reply brief to Officine Tecnosider, leading to the remand request. The trade court set a status conference for May 15 to discuss the motion (Officine Tecnosider v. United States, CIT # 23-00001).
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Officine Tecnosider filed the case to contest Commerce's alleged failure to apply the quarterly cost methodology in the 2020-21 administrative review of the antidumping duty order on carbon and alloy steel cut-to-length plate from Italy. Officine Tecnosider claimed the agency illegally deviated from its clear practice of applying its quarterly cost methodology when the cost of manufacturing has changed by over 25% during the review period and the cost of manufacturing and net price are reasonably correlated (see 2303200056).
Commerce asked for a remand in the case so it can analyze monthly data submitted by Officine Tecnosider in response to the Section D questionnaire and to reconsider whether additional information on quarterly costs should be requested from the respondent or whether the use of this method is appropriate. "Our requested voluntary remand is substantial and legitimate, and provides a logical and coherent path forward," the brief said. "If our request is granted, Commerce expects that it would be able to complete and file with the Court its remand determination within 120 days of the remand order."