CIT Affirms in Part ITA's Korea Carbon Steel Flat Products Remand; Defers AD Rate Decision
The Court of International Trade affirmed, in part, the International Trade Administration’s remand redetermination in the 2006-07 antidumping administrative review of certain corrosion-resistant carbon steel flat products from Korea (A-580-816). With respect to plaintiff-intervenor Nucor’s challenge of the ITA’s decision not to treat Korean exporters Union Steel and POSCO Group as a single entity, the only contested issue, CIT found that the ITA’s explanation of its decision in the remand redetermination was supported by record evidence and in accordance with law, and affirmed.
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(CIT also affirmed, as uncontested between the parties, the ITA’s redeterminations regarding: (1) adjustments to Union’s costs for purchases of substrate from affiliates; (2) application of the major input rule to Union’s purchases of steel substrate from the POSCO Group; and (3) application of the major input rule to Union’s purchases of steel substrate from a supplier through a trading company using a revised methodology.)
CIT Defers Decision on AD Rate Until Zeroing Case is Resolved
On the remaining issue of the litigation, CIT deferred its decision regarding the 7.45% weighted-average dumping margin that the remand redetermination assigned to Union Steel until the zeroing issue in Union Steel v. United States, which also involves this administrative review, is resolved by completion of those proceedings.
(Slip Op. 12-55, dated 04/25/12, Judge Stanceu)