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USA: Federal Circuit Upholds Thai Steel Tariff [SteelHome] 2023-12-06 19:29:57

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The US’s Federal Circuit upheld the Department of Commerce's decision to exclude market conditions in calculating antidumping tariffs for Thai steel. This ruling, following an agency's second review, rejected using particular market situation adjustments, affirming a precedent that limits their use in determining production costs.

The Department of Commerce's approach to determining antidumping tariffs on steel imports from Thailand underwent scrutiny, with the Federal Circuit validating the exclusion of market conditions from its calculations. This decision upheld the agency's stance during its second review, disallowing the application of particular market situation adjustments (PMS) to assess the antidumping margin, as outlined in the Court of International Trade's ruling.

Judge Todd M. Hughes, presiding over the opinion, clarified that the Department of Commerce's initial calculation of the antidumping margin for Thai steel had initially incorporated particular market situation adjustments. However, the Federal Circuit's established precedent dictated that PMS cannot be utilized to ascertain the cost of production, guiding the subsequent removal of these adjustments in the agency's recalculated tariffs.

The contention stemmed from the Department of Commerce's evaluation methodology. While their first assessment integrated particular market situation adjustments to derive the antidumping margin, the subsequent review rectified this approach by eschewing considerations for market conditions. This recalibrated methodology aligned with the Federal Circuit's established stance, reinforcing the exclusion of PMS from the cost of production determination.

The significance of this Federal Circuit ruling lies in its validation of a streamlined approach that avoids entangling market dynamics in calculating antidumping tariffs. By adhering to the precedent and excluding particular market situation adjustments, the decision fortifies a standardized methodology for assessing the cost of production, promoting consistency and clarity in trade regulations.

This ruling reaffirms the Department of Commerce's commitment to a transparent and consistent methodology in computing antidumping tariffs. The exclusion of particular market situation adjustments aligns with established judicial precedent, ensuring a robust and equitable approach in determining antidumping margins for imported steel, thereby fostering fair trade practices.

The Federal Circuit's affirmation of excluding market conditions in calculating antidumping tariffs for Thai steel bolsters a standardized methodology. By upholding the exclusion of particular market situation adjustments, this ruling reinforces a transparent and consistent approach, ensuring equitable trade practices and regulatory clarity in antidumping measures.

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