The Commerce Department continued on course in a remand redetermination on cold-rolled steel from South Korea submitted to the Court of International Trade April 19. The agency offered further explanation in response to a December 2020 Federal Circuit decision that struck down aspects of its final determination in the original CV duty investigation on cold-rolled steel, but did not make any changes to its findings to address concerns over a finding that electricity offered at less than adequate remuneration (LTAR) was not a countervailable subsidy. The Federal Circuit had remanded because Commerce had purportedly relied on its old “preferentiality” standard, and failed to address a second South Korean electricity producer.
The Commerce Department will reverse course on a particular market situation adjustment to production costs for the purposes of a sales-below-cost test in an antidumping review on circular welded carbon steel standard pipe and tube products from Turkey, it said in a final remand redetermination filed with the Court of International Trade April 19. But it will only do so under protest, it said, noting the Federal Circuit has yet to weigh in with binding precedent on the issue.