ABB, Inc. v. United States, No. 18-1300 (Fed. Cir. 2019)Annotate this Case
The Court of International Trade sustained the remand determination of the Department of Commerce in the first administrative review of the antidumping duty order on large power transformers from Korea. The Federal Circuit affirmed, upholding Commerce’s determination to not make a circumstances of sale adjustment to normal value under 19 U.S.C. 1677b(a)(6)(C)(iii) in the form of a commission offset. Hyundai, the party seeking the adjustment, incurred no commission expenses on home market sales and no commission expenses outside the United States on U.S. sales but did incur commission expenses inside the United States on constructed export price sales in the United States.