CIT Grants Commerce's Voluntary Remand Request to Review Decision Not to Use Quarterly Cost Method
The Court of International Trade granted the Commerce Department's voluntary request for remand for 120 days to review information submitted by antidumping duty respondent Officine Tecnosider on the agency's use of a quarterly cost methodology. Commerce asked for the remand since it said it couldn't find its analysis of the quarterly average prices of steel slab when prepping its reply brief to Officine Tecnosider in a case on the administrative review of the AD order on carbon and alloy steel cut-to-length plate from Italy for 2020-21 (see 2305080066) (Officine Tecnosider v. United States, CIT # 23-00001).
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Judge Stephen Vaden said the request for a remand is "substantial and legitimate" ground for remand given the lack of indication that the agency analyzed the "only significant direct material input that OTS submitted."
Officine Tecnosider filed the case to contest Commerce's alleged failure to apply the quarterly cost methodology, claiming the agency illegally deviated from its clear practice of applying the 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).