CIT Remands India AD Steel Flat Products for Duty Drawback / COP Adjustment

The Court of International Trade remanded the results of the International Trade Administration’s initial remand of the 2005-06 administrative review of the antidumping duty order on certain hot-rolled carbon steel flat products from India (A-533-820). CIT sustained the ITA’s remand redetermination of Indian intervenor-defendant Essar’s duty-drawback claim in response to domestic plaintiffs’ arguments, as well as its decision to use invoice date as the date of sale, rather than the date of the letter of credit, as it had in the original final results. However, CIT remanded the initial remand results (i) for application of the ITA’s new policy on adjusting cost of production in accordance with the adjustment to Essar’s export price resulting from its duty-drawback claim, and (ii) to allow for the correction of a ministerial error discovered by Essar and agreed to by the ITA. CIT says that the ITA has until May 25, 2012 to amend and correct the initial remand results. (Slip Op. 12-48, dated 04/11/12, Judge Aquilino)