CIT Dismisses Challenge of ITC Negative Injury Determination for Brazil & Japan Steel Products

The Court of International Trade affirmed the International Trade Commission’s final negative determinations in the second sunset reviews of the antidumping and countervailing duty orders on hot-rolled flat-rolled carbon-quality steel products from Brazil and Japan, which resulted in revocation of the AD and CV suspension agreements for Brazil (A-351-828 / C-351-829) and the AD order for Japan (A-588-846). The domestic plaintiffs contested nearly every element of the ITC’s analysis, including the ITC’s decision not to cumulate the volume and effect of subject imports between the countries subject to the sunset review (which included Brazil, Japan and Russia), the likely volume and price effects of imports if the agreements and order were revoked, the vulnerability of domestic industry, and the likelihood of adverse impact, but CIT said the ITC’s determinations in each of these analyses were supported by substantial evidence. As such, CIT deferred to the ITC, and dismissed the challenge.

(Slip Op. 12-108, dated 08/14/12, Judge Tsoucalas)