Vietnamese Stainless Steel Companies Challenge AD Review Results That Used Total AFA
Importer Norca Industrial Company and exporter Vinlong Stainless Steel said the Commerce Department overstated Vinlong’s antidumping duty rate in a 2022-2023 review on welded stainless steel pressure pipe from Vietnam by relying on total adverse facts available and selecting Morocco as a surrogate country instead of Indonesia (Norca Industrial Co. v. United States, CIT # 25-00132).
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
In the July 14 complaint, the importer and exporter said that Vinlong experienced “difficulty with reporting yield loss.” As a result, they said, Commerce wrongly chose to discard all of Vinlong’s reported factors of production and use total AFA. Commerce could have instead valued the exporter’s yield loss using the alternative scrap method, they argued.
They also said Morocco wasn’t a significant producer of comparable merchandise, while Indonesia was, and that Indonesia’s data also was more product-specific. And they argued that Morocco's financial statements weren’t usable, having been “distorted by government action.”