Maverick Tube Corp. v. United States, No. 16-1649 (Fed. Cir. 2017)Annotate this Case
In 2013, domestic producers of oil country tubular goods (OCTG) filed a petition with the Department Commerce alleging that the Government of Turkey (GOT) was providing countervailable subsidies to domestic exporters. Commerce instituted a countervailing duty investigation and selected Borusan and GOT as mandatory respondents. Because hot-rolled steel (HRS) is an input used in the manufacture of OCTG, Commerce then issued each a questionnaire relating to the provision of HRS in Turkey. Borusan did not report input purchases for two of its steel mills, explaining the difficulties in producing the information and asserting that Commerce had sufficient information. Commerce determined that it was appropriate to apply adverse facts available (AFA) to Borusan. The Court of International Trade and the Federal Circuit upheld the determination. Commerce requested information from Borusan, which Borusan did not provide and never claimed that it was unable to provide; there was no evidence that GOT had access to or maintained the HRS data that it claimed that it was unable to provide.