Parties Ask CIT to Rule on Dates of Sale in Japanese Flat-Rolled Steel AD Review
All parties to a dispute over an antidumping duty review on Japanese-origin flat-rolled steel told Court of International Trade Judge Jane Restani on Aug. 18 that they think the trade court must address questions surrounding the review’s mandatory respondent’s U.S. sales dates (Toyo Kohan Co. v. United States, CIT # 24-00261).
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Restani asked the parties Aug. 11 if the case could be resolved on the merits of respondent Toyo Kohan’s Cohen’s d test challenge without considering whether Commerce was right that Toyo Kohan’s export sales were made on the earlier of each sale’s shipment or invoice date (see 2507140067).
If not, she further asked when the dates of sale issue should be considered, “[a]ssuming arguendo that the court remands to Commerce on the Cohen’s d issue.”
The U.S., Toyo Kohan and domestic petitioner Thomas Steel Strip Corporation all agreed that the two issues are separate. The exporter’s dates of sale, however, significantly impact its final AD margin, they said.
Toyo Kohan explained that this was because the sales dates issue “directly affects which month of home market sales will be used for the comparison.” Dates of sale are actually more pertinent in reviews than they would be in investigations, it said, because Commerce’s regulations require the department to compare respondents’ home market and export sales on a monthly basis.
The U.S. agreed, adding that the export sales’ dates also matter because they determine which exports fall within the review period and, thus, should be included in the review. They also impact Commerce’s currency conversions, as the department must value sales in U.S. dollars using the rate of exchange on the day of the sale, it said.
And Thomas Steel said that the sales dates also will become important if Commerce decides to draw its home market comparison for Toyo Kohan using the transaction-to-transaction method.
Toyo Kohan and the government also asked that the trade court address the sales date issue now, citing judicial efficiency. Thomas Steel deferred to the court’s judgment, though it noted it “believes it would be appropriate to address that issue now.”