AD/CVD Court Decisions In Second Half of November 2010

The Court of International Trade (CIT) made the following antidumping and countervailing duty law determinations in the second half of November 2010.

China Steel Threaded Rod Less-Than-Fair-Value Decision Largely Unchanged

Three Chinese producers contested the determination of the International Trade Administration (ITA) in the sales at less-than-fair-value investigation of certain steel threaded rod from China, objecting to the agency’s selection of Indian companies for surrogate financial ratios used in calculating fair value. The court upheld the ITA’s methods with one exception, ordering the agency to reconsider a surrogate company it had ruled out on the basis of what the court found was insufficient supporting evidence. (Slip-Op. 10-128, dated 11/16/10)

Stainless Steel bar from India AD Admin Review Results Unchanged

In the AD administrative review of stainless steel bar from India for the period February 1, 2007 through January 31, 2008, domestic producers Carpenter Technology Corp. and Valbruna Slater Stainless, Inc. challenged several of the ITA’s methods. The U.S. companies objected in particular to the agency’s decision not to rely on double-bracketed information (which unlike single-bracketed data, cannot be released to other interested parties’ attorneys); its finding that Indian producer Venus Wire was not affiliated with importer AMS Specialty Steel; and its determination that a finding of adverse facts available was not merited. However, the court dismissed the allegations as unsupported, and praised the agency’s “succinct and eloquent reasoning.” (Slip-Op. 10-130, dated 11/23/10)

AD Review of Brazil Orange Juice Redetermination Affirmed

In a remand redetermination, acting on court instructions in regard to the first AD administrative review of certain orange juice from Brazil for the period August 24, 2005 through February 28, 2007, the ITA examined details of the sales agreement between Brazilian producers Fischer S.A. and Citrosuco and their U.S. customer, to determine whether the agreement provided evidence supporting a pricing approach different from the “Brix neutral” method (measuring sugar solid contents per kilo) the agency used in its calculations. The ITA found no such evidence, and the court affirmed the remand results. (See ITT‘s Online Archives or 04/26/10 news, 10042622, for BP summary of earlier CIT remand. See ITT‘s Online Archives or 08/19/10 news, 10081906, for BP summary of most recent Brazil orange juice AD review results.) (Slip-Op 10-131, dated 11/23/10)