Trade Court Remands ITC Injury Decision on Standard, Line and Pressure Pipe

The Court of International Trade in a confidential Oct. 12 opinion remanded the International Trade Commission's affirmative injury determination on seamless standard, line and pressure pipe from South Korea, Russia and Ukraine. In the public remand order, Judge M. Miller Baker sent back the ITC's decision on the negligibility of imports from Russia, telling the agency to reconsider its calculation of in-scope imports from Germany and Mexico and the related finding that "there was only one importer each" for either country "in light of Customs data to the contrary" (PAO TMK v. United States, CIT # 21-00532).

The court also remanded the ITC's calculation of in-scope imports from Germany by an unnamed company "in view of evidence to the contrary proffered by [exporter PAO TMK]." Baker gave the ITC 120 days to file the remand. In a letter to the litigants, Baker gave the parties until Oct. 19 to review the opinion to see if any confidential information needs to be bracketed prior to the opinion's public release.

TMK filed suit to argue that the ITC mistakenly found the volume of subject imports from Russia exceeded the negligibility threshold and failed to end the investigation on Russian goods (see 2207250047).