CIT Affirms Zero AD Rates for HYSCO and POSCO in 2009-10 Corrosion-Resistant Steel Review

The Court of International Trade sustained zero percent antidumping duty rates set for POSCO and Hyundai HYSCO in the final results of the 2009-10 administrative review of corrosion-resistant carbon steel flat products from South Korea (A-580-816), in a recently released opinion dated Dec. 27. The zero rate for POSCO resulted in its exclusion from the order under the Commerce Department’s old regulation allowing partial revocation for companies that don’t dump in three consecutive administrative reviews. U.S. Steel and Nucor challenged revocation for the company, among other things, arguing market conditions during the review period, including the worldwide economic downturn, indicated that POSCO would resume dumping if duties were lifted. Absent evidence that POSCO would actually resume underselling in the absence of AD duties, such arguments were speculative, and Commerce was not required to address them, said the court.