AD/CVD Court Decision in First Half of June 2010

The Court of International Trade (CIT) decided the following antidumping and countervailing duty law determination in the first half of June 2010.

Thai Hot Rolled Carbon Steel Maker Cannot Avoid Reinstatement of AD Order

A Thai steel producer and exporter of hot-rolled carbon steel flat products challenged the ITA’s authority to conduct a changed circumstance review on a partially revoked AD duty order, after one such review resulted in a 9.04% AD margin and a reinstated AD order for the firm. The firm had obtained a revocation of its order in May 2006, following 3 years of no dumping margins, but petitioners succeeded in requesting a changed circumstance review only six months later. The CIT disagreed that the statute precludes conducting changed circumstance reviews of partially revoked orders, or reinstating AD orders as a result of this type of review: an exporter’s exclusion from an AD order does not cause the order itself to be revoked, the court pointed out, and an exporter of a covered product remains subject to reinstatement under an order following a changed circumstance review, without the need for a new investigation. Sahaviriya Steel Industries Public Company Limited v. U.S. and U.S. Steel Corp.