CIT Remands Several Elements of Fabricated Structural Steel Antidumping Case
The Court of International Trade remanded a case brought by Mexican exporter Building Systems de Mexico in a March 21 opinion made public March 30 concerning the AD investigation into fabricated structural steel from Mexico. Judge Claire Kelly sent back elements of the Commerce Department's decision to use mandatory respondent Corey S.A.'s home market sales to explain why the agency rejected BSM's data for insufficient volume but relied on Corey's when it had less data and to explain whether a particular sale was contracted for during the investigation period.
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Kelly also remanded Commerce's use of adverse facts available over one of BSM's sales that the company didn't report since the project was contracted for in 2018 but was never completed. Other elements of the decision that were returned to Commerce include the agency's use of the date of sale for purposes of currency conversion and also the agency's exclusion of BSM's U.S. affiliates' Costa Rican data from BSM's constructed export price profit rate.