CAFC Issues Mandate in Case on Whether Exporter Reimbursed Affiliated US Importer for AD

The U.S. Court of Appeals for the Federal Circuit on May 28 issued its mandate in a case on whether Australian antidumping duty respondent BlueScope Steel (AIS) reimbursed its affiliated U.S. importer, BlueScope Steel Americas, for AD. In the decision, the appellate court said AIS didn't reimburse its affiliate, ruling it would have been "unreasonable" for the exporter to include the AD in the price charged to the importer because the exporter itself wasn't responsible for the duties (see 2404040020). The case concerned the 2017-18 review of the AD order on hot-rolled steel flat products from Australia (U.S. Steel Corp. v. U.S., Fed. Cir. # 22-2078).