PSC VSMPO-Avisma Corp. v. United States, No. 11-1370 (Fed. Cir. 2012)Annotate this Case
Avisma produces magnesium and titanium sponge in Russia. The process starts with a dehydration step. Most of the resultant raw magnesium is then processed into pure and alloyed magnesium, the subject of an antidumping order issued by Commerce in response to a petition by domestic producers. A portion of the raw magnesium is used to produce titanium sponge. After Commerce imposed a 15.77 percent duty, the Trade Court remanded the case. On remand, Commerce declined to alter the determination. The Trade Court then held that, when determining Avisma’s magnesium production costs for purposes of calculating the constructed value of Avisma’s magnesium, Commerce was required to take into account Avisma’s entire production process, which includes titanium, as well as magnesium. In its second remand determination, Commerce determined the constructed value of Avisma’s magnesium by taking into account Avisma’s entire production process, resulting in an antidumping duty of 8.51 percent. The Trade Court issued final judgment accordingly. The Federal Circuit reversed and reinstated Commerce’s earlier decision. The Trade Court erred in requiring Commerce to consider an affidavit by Avisma’s accountant that Commerce had determined was untimely.