Dillinger France S.A. v. United States, No. 19-2395 (Fed. Cir. 2020)Annotate this Case
The Department of Commerce initiated an antidumping duty investigation into certain carbon and alloy steel cut-to-length plate from France. Commerce chose Dillinger, a European producer of cut-to-length plate, as one of the mandatory importer respondents and assigned Dillinger a 6.15% antidumping margin. The Trade Court initially sustained most of Commerce’s determination but remanded certain issues to Commerce. The Trade Court then sustained Commerce’s remand results and the 6.15 percent duty.
The Federal Circuit vacated in part. In calculating normal value, Commerce improperly allocated costs between Dillinger’s non-prime and prime products based on Dillinger’s books and records, which allocate cost based on likely selling price rather than actual cost; Dillinger’s books and records did not reasonably reflect the costs associated with the production and sale of the merchandise as required by 19 U.S.C. 1677b(f). Affirming in part, the court found that Dillinger has not shown how Commerce failed to use “comparable merchandise” in using the average-to-transaction method to determine the dumping margin. Nor did Commerce err in determining that Dillinger’s factory sales and sales from its affiliated service centers constituted a single level of trade in France and thus concluding that a level of trade adjustment was not warranted.
The court issued a subsequent related opinion or order on December 4, 2020.