Taiwanese CORE Exporter Signs Off on Commerce's Reversal of Collapsing Decision in AD Case

Taiwanese corrosion-resistant steel products exporters Yieh Phui Enterprise Co. and Prospeity Tieh signed off on the Commerce Department's remand results in an antidumping duty matter at the Court of International Trade. On remand, Commerce reversed its decision to collapse mandatory respondents Yieh Phui and Synn Industrial Co. with one of their affiliates, Propserity Tieh Enterprise Co., in a bid to bring its stance in line with the U.S. Court of Appeals for the Federal Circuit. "It is our position that the Department’s decision on the collapsing issue made in the Remand Results is in line with the [Federal Circuit's] decision," Yieh Phui's comments said (Prosperity Tieh Enterprise Co., Ltd. v. United States, CIT Consol. #16-00138).

The case concerns the AD investigation into corrosion-resistant steel products from Taiwan. In the investigation, Commerce initially decided to treat Yieh Phui and Synn as a single entity. The agency then decided to collapse Yieh Phi and Synn with Prosperity. After a challenge was filed at CIT by Prosperity and Yieh Phui, the trade court sustained the decision. The Federal Circuit, however, said that Commerce didn't engage in a permissible analysis when collapsing the respondents. Judge Timothy Stanceu remanded the case 14 months after the appellate court decision, instructing the agency to make corrections in line with the appellate court's findings. Commerce did so, reversing its decision to collapse the entities (see 2202150032), to the delight of Yieh Phui and Prosperity.

"Commerce evaluated the record evidence and correctly concluded that the record shows that the criteria for collapsing at 19 C.F.R. § 351.401(f)(2): common ownership, overlapping managers or directors, and intermingled operations, are not met in regard to Prosperity and Yieh Phui," Prosperity said in its comments.