US Requests Voluntary Remand to Reconsider Cross-Owned Input Supplier Determination
The U.S. requested a voluntary remand at the Court of International Trade on Feb. 9 to allow the Commerce Department to “reconsider its finding that Nur was a cross-owned input supplier” in light of a decision from the U.S. Court of Appeals for the Federal Circuit in a related case, according to a joint status report (Kaptan Demir Celik Endustrisi ve Ticaret v. U.S., CIT #22-00149).
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Commerce’s original 2020 review of the CVD order on steel concrete reinforcing bar from Turkey found Nur Gemicilik to be a cross-owned input supplier of respondent Kaptan Demir (see 2205130034). However, the CAFC affirmed CIT’s “decision to sustain Commerce’s remand redetermination" in a case on the 2018 review of the order, "in which Commerce determined that Nur, an affiliate of Kaptan, was not a cross-owned input supplier” (see 2401080066).
The ruling led the government to seek the voluntary remand in the case on the 2020 review. Kaptan consented to the voluntary remand request, while petitioner Rebar Trade Action Coalition took no position on the request, according to the joint status report.