CIT Dismisses Claims Against Transactions Disregarded Rule, Scrap Offset Given Lack of Relief

The Court of International Trade in a Sept. 12 opinion dismissed two counts from exporter HiSteel Co. in a case on the 2019-20 review of the antidumping duty order on heavy walled rectangular welded carbon steel pipes and tubes from South Korea. Judge Gary Katzmann dismissed as nonjusticiable the counts that challenged the Commerce Department's use of the transactions disregarded rule for HiSteel's reported costs of slitting services and its adjustment of HiSteel's reported scrap offset. He said prevailing on the two claims would not lead to a change in the dumping margin. Katzmann stayed the case, which also contests the agency's use of the Cohen's d test to root out "masked" dumping, pending resolution of Stupp Corp. v. U.S. at the U.S. Court of Appeals for the Federal Circuit.