Federal Circuit Upholds Circumvention Ruling on Corrosion-Resistant Steel From UAE

The U.S. Court of Appeals for the Federal Circuit on April 12 upheld the Commerce Department's ruling that corrosion-resistant steel imports from the United Arab Emirates circumvented the antidumping and countervailing duties on corrosion-resistant steel products from China. Judges Pauline Newman, Jimmie Reyna and Tiffany Cunningham held that Commerce properly supported the circumvention decision via evidence of patterns of trade, level of investment, nature of the production process in the UAE and the extent of the production facilities. While the judges found that Commerce erred in not considering exporter Al Ghurair Iron & Steel's arguments over the value added in its UAE production processes, the court said this was a harmless error.