SeAH Steel VINA Corp. v. United States, No. 19-1091 (Fed. Cir. 2020)Annotate this Case
The Department Commerce investigated antidumping duty petitions concerning imports of certain oil country tubular goods from various countries, including Vietnam. Commerce issued quantity and value questionnaires to the eight companies named in the petition but received timely responses from only two—one of which was SeAH. Commerce selected SeAH and the other responsive company as mandatory respondents, 19 U.S.C. 1677f-1(c)(2) Because Commerce considers Vietnam to be a non-market economy country, Commerce selected a surrogate market economy country, India, to provide surrogate values. Commerce calculated a 24.22% dumping margin for SeAH, based on various surrogate values. The Court of International Trade remanded to Commerce twice, for reconsideration and further explanation of its surrogate value determinations. On remand, Commerce calculated a 61.04% dumping margin for SeAH. The Court sustained Commerce’s Final Determination, as amended.
The Federal Circuit affirmed in part and reversed in part. Commerce’s selection for surrogate financial ratios (Bhushan) is supported by substantial evidence; Bhushan, unlike the other available options, produced identical merchandise to SeAH and Bhushan has financial statements that are publicly available and contemporaneous. Substantial evidence supports commerce’s determination that SeAH’s freight forwarder contract included domestic inland insurance separate from transportation costs. Commerce’s allocation methodology for brokerage and handling was not supported by substantial evidence.