Mid Continent Steel & Wire, Inc. v. United States, No. 18-1296 (Fed. Cir. 2019)Annotate this Case
In 2014, the Department of Commerce initiated an antidumping-duty investigation under 19 U.S.C. 1673–1673h into steel nail products from Oman and other countries. Commerce separated the Omani investigation into its own proceeding and designated OF a mandatory respondent. On Commerce’s initial questionnaire OF noted that its volume of sales in Oman, and in each third country that it operated in, was less than five percent of its U.S. sales and could not be the basis for the normal value calculation. Commerce determined that there was insufficient data to support the use of the preferred method, calculated a “constructed value” of the nails under the statute, and imposed an anti-dumping duty on OF. OF challenged: Commerce’s initial choice of method; Commerce’s selection of certain information as an input into the calculation required by the chosen method; and Commerce’s conclusion that it could not calculate a “cap” limiting the profit component of the constructed value. The Federal Circuit rejected OF’s challenge to the basic choice of method and the profit-cap ruling. The court partly rejected the challenge to Commerce’s information selection when applying the chosen method but remanded to secure further explanation about Commerce’s refusal to consider the effect of subsidies on whether the information it selected was accurate for the relevant statutory purpose.