CIT Upholds Parts, Sends Back Parts of 2 AD Reviews in 2 Opinions
The Court of International Trade upheld in part and sent back in part the Commerce Department's remand results in a case on the 2018-19 antidumping duty review on uncoated paper from Brazil. Judge Gary Katzmann ruled Commerce properly found that respondent Suzano's derivative losses were not investment losses or extraordinary. Suzano had said the losses were extraordinary and thus should be excluded from its costs of production.
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The court also upheld parts and sent back parts of Commerce's remand results in a spat over the 2015-16 antidumping duty review on oil country tubular goods from South Korea. Judge Jennifer Choe-Groves said Commerce properly found a particular market situation did not exist affecting the inputs of OCTG in South Korea. However, the judge remanded the agency's use of 0.8 as a threshold in the test used to root out "masked" dumping and its consideration of certain academic materials.