Al Ghurair Iron & Steel LLC v. United States, No. 22-1199 (Fed. Cir. 2023)
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In 2015, the Department of Commerce received petitions from domestic producers requesting that Commerce impose antidumping and countervailing duties on corrosion-resistant steel (CORE) exports from China. Commerce initiated investigations and published orders. In 2019, Commerce initiated investigations to determine whether exports of CORE from the UAE were circumventing the China CORE orders. The Court of International Trade judgment affirmed the subsequent circumvention determination. In making its determination, Commerce analyzed the circumvention factors and subfactors provided by 19 U.S.C. 1677j(b).
The Federal Circuit affirmed Commerce’s circumvention determination as reasonable and supported by substantial evidence with respect to “pattern of trade,” “level of investment,” “nature of the production process,” and “extent of production facilities.” Commerce’s analysis of the “value-added” subfactor was erroneous because Commerce did not reasonably explain why it rejected financial data that were purported to show a significant value added but the error was harmless because it was limited to a single factual finding within a multi-factor test.
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