German Exporter Asks for Partial Judgment in Steel Plate AD Case

The Court of International Trade should partially end a case for one of two plaintiffs as its claims have already been ruled on by the court, German exporter and consolidated plaintiff Salzgitter Mannesmann Grobblech said in its Oct. 19 motion for partial judgment (AG der Dillinger Huttenwerke v. U.S., CIT Consol. # 17-00158).

The long-running case consolidated claims by both Salzgitter and exporter Dillinger Huttenwerke that challenged Commerce's final determination in the antidumping duty investigation on certain cut-to-length carbon and alloy steel plate from Germany.

Salzgitter challenged Commerce’s determination to apply partial adverse facts available to sales for which Salzgitter couldn't identify or report the manufacturer. The court sustained Commerce's decision in 2019. The exporter also challenged the department's choice of partial AFA against it, which the court recently sustained after two remands to Commerce for further consideration.

Dillinger’s complaint presented eight claims, and only one claim was related to the use of AFA, which Salzgitter said left no live issues in the case pertaining to it (see 2306230054). Salzgitter had already asked the court to sever it from Dillinger (see 2309270037) and was denied in late September (see 2309290029).

Salzgitter argued there is "no overlap" between its claims and those raised by plaintiff Dillinger. The court has already ruled on Salzgitter's issues and the exporter said it is likely that significant additional time will be required to reach a final judgment regarding the other claims.