United States Steel Corporation v. United States, No. 22-2078 (Fed. Cir. 2024)
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The case at hand involves United States Steel Corporation (U.S. Steel), an Australian producer and exporter of hot-rolled steel, BlueScope Steel (AIS) Pty Ltd., and its affiliated U.S. importer, BlueScope Steel Americas, Inc. U.S. Steel alleged that the Australian company had reimbursed its U.S. affiliate for antidumping duties, a claim which BlueScope denied. The core dispute arose from differing interpretations of a supply agreement between the companies, which determined the pricing of the steel products.
Prior to reaching the United States Court of Appeals for the Federal Circuit, the case was reviewed by the United States Court of International Trade. This lower court sustained the Department of Commerce's determination that BlueScope had not reimbursed its U.S. importer for antidumping duties. The court found that the agency's determination was supported by substantial evidence and was otherwise in accordance with the law.
Upon reaching the United States Court of Appeals for the Federal Circuit, the court reviewed the decisions of the Court of International Trade de novo, applying the same standard of review used by the trial court in reviewing the administrative record before the agency. The appeals court upheld the decision made by the lower court, finding that the agency's determination was supported by substantial evidence and was in accordance with the law. The court also held that the agency did not err in its interpretation of the antidumping duty regulation, and therefore did not depart from an established practice. As a result, the appeals court affirmed the lower court's decision.
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