Hyundai Steel Signs Off on Remand Results in AD Case, but Still Fights PMS Finding

Hyundai Steel Co. signed off on the Commerce Department's remand results in an AD review dropping a particular market situation adjustment to Hyundai's cost of production in a sales-below-cost test, in Oct. 12 comments at the Court of International Trade. However, Hyundai, one of the mandatory respondents in the 24th administrative review of the AD duty order on circular welded non-alloy steel pipe from South Korea, went after Commerce's decision to still hold that a PMS exists for hot-rolled coil -- a key input of the subject merchandise -- even though it dropped the PMS adjustment in the sales-below-cost test. The court held that both the PMS adjustment and the PMS finding itself were unsupported by substantial evidence and contrary to law, Hyundai pointed out (Hyundai Steel Company v. United States, CIT Consol. #18-00154).

"And yet, nevertheless, despite the Court’s clear holding that Commerce’s PMS determination was contrary to law, Commerce continued to find on third remand that a particular market situation existed in Korea during the period of review," the comments said. "This aspect of the Third Remand Results clearly does not comply with the Court’s explicit conclusion and instructions in the remand order." However, because the PMS adjustment was dropped, this point is moot, Hyundai acknowledged, asking the court to simply affirm Commerce's calculation of Hyundai's dumping margin without a reference to a PMS adjustment.