CIT Sustains AD Review on Korean OCTG, Remands CVD Review on Korean Steel Plate

The Court of International Trade ruled Dec. 18 that the Commerce Department could use one antidumping mandatory respondent’s third-country sales to construct another’s profit, selling expenses and profit cap. In a case filed in May 2022 and voluntarily remanded to Commerce in June of this year, Judge Jennifer Choe-Groves upheld Commerce’s use of SeAH Steel Corp.’s third-country sales in calculating a constructed export price for Hyundai Steel in a 2020 administrative review. She also upheld the agency's use of that export price in setting the AD duty for all non-individually examined respondents. The review had assigned a 19.54% AD duty for Hyundai, a 3.85% duty for SeAH and an 11.70% all-others rate.

In a separate Dec. 18 opinion, Judge M. Miller Baker remanded Commerce's 2019 review of the countervailing duty order on cut-to-length carbon-quality steel plate from South Korea. In the review, Commerce said that Korea's cap-and-trade carbon emissions system, which provides some manufacturers with 100% of their allowed units while others get only 97%, provides a countervailable subsidy to the company that gets 100% of the units. The court said Commerce failed to address questions about the program's specificity.