Trade Court Sustains AD Review, Sends Back Parts of CVD Review in Pair of Opinions

The Court of International Trade, in a pair of opinions authored by Judge Jennifer Choe-Groves, upheld parts and sent back parts of the Commerce Department's countervailing duty review on oil country tubular goods from South Korea, and sustained Commerce's remand results in a suit on the antidumping duty review of passenger vehicle and light truck tires from China.

In the CVD review, Choe-Groves granted the agency's voluntary remand request regarding its constructed value, CV profit cap and constructed export price profit calculations for exporter Hyundai Steel using a different company's third-country sales data. However, Choe-Groves sustained Commerce's adjustment of Hyundai's general and administrative expense ratio and use of a neutral facts available adjustment to Hyundai Steel USA's reported further manufacturing costs to account for yield loss.

In the AD review, Choe-Groves upheld Commerce's finding that information submitted by respondent New Continent was accurate, ruled that exporter Pirelli failed to raise its claim regarding Commerce's authority to set a China-wide entity rate, held that the agency properly found that Pirelli failed to rebut the presumption of government control, and rejected Pirelli's claim that certain elements of Italian law do not rebut the presumption of government control.