CIT Issues Decisions in Two AD/CVD Cases on PMS, Application of AFA

The Court of International Trade in recent days issued two decisions involving antidumping and countervailing duty administrative reviews. On May 3, CIT granted the Commerce Department’s request to reopen its 2016-17 antidumping duty administrative review on circular welded non-alloy steel pipe from South Korea. Commerce had requested remand of the final results because a CIT decision issued in a separate case in December 2020 ruled against the agency’s application of a particular market situation finding under similar circumstances.

Just prior to closing for the weekend, CIT on April 30 ruled that the Commerce Department improperly applied adverse facts available to Chinese ribbon exporter Yama Ribbons and Bows Co. in a countervailing duty administrative review. CIT found that Commerce did not consider record evidence fairly when determining whether Yama received a subsidy from the Export Buyer's Credit Program from the Export-Import Bank of China.