Fairly Traded Steel Should Have Been Excluded From Sunset Review, Exporter Argues

The partial revocation of an antidumping duty order for a Turkish company should have meant that company's export volumes were to be excluded from a sunset review of the AD order, Turkish steelmaker Eregli Demir ve Celik Fabrikalari (Erdemir) argued in a July 14 motion for judgment at the Court of International Trade (Eregli Demir ve Celik Fabrikalari v. U.S. International Trade Commission, CIT # 22-00351).

Without Colakoglu’s volumes, there was no evidence to support a determination that revocation of the antidumping duty order on hot-roled steel from Turkey would likely lead to continuation or recurrence of material injury, Erdemir said. The commission also improperly included non-subject imports by including Colakoglu's volumes in its cumulation analysis. Erdemir asked the court to remand the sunset review determination and to reconsider its cumulation decision.

The ITC erroneously kept Colakoglu’s import volumes in the data it relied upon from the 2013-2015 original investigation period, Erdemir said. Instead, the ITC should have revised its consideration of subject imports during the period to exclude imports from Colakoglu for all purposes, including baseline comparisons of subject import volumes. That failure "tainted the Commission’s analysis," Erdemir said.