CIT Dismisses Challenge to Sunset of AD Orders on Stainless Steel Strip from Italy, Germany & Mexico

The Court of International Trade dismissed a challenge to the results of a sunset review that resulted in the 2010 revocation of the antidumping duty orders on stainless steel sheet and strip from Italy, Germany, and Mexico due to lack of injury to U.S. industry in the foreseeable future. The International Trade Commission had premised its determination on ThuyssenKrupp’s construction of a stainless steel plate production facility in the U.S., as well as its shift to a “local supply strategy” where the company planned to serve the North American market with stainless steel plate sourced from the U.S. and Mexico. ThuysssenKrupp also vested its vice president of the U.S. division with veto power over imports from other affiliates, including those from Italy, Germany and Mexico, the ITC said. As such, the company had effectively become a U.S. industry. In dismissing the case, CIT said the domestic plaintiffs did not prove that the ITC’s conclusions on cumulation, volume effects, and price effects were unreasonable interpretations of the evidence.