On March 10, the US Department of Commerce (DOC) announced the amendment of its final results of the second administrative review of carbon and certain alloy steel wire rod (WR) imports from Trinidad Tobago to reflect the US Court of International Trade's (CIT) decision.
On November 16, 2005, the DOC published its final results in the second administrative review of the antidumping duty order on wire rod from Trinidad and Tobago covering the period October 1, 2003, through September 30, 2004. On December 16, 2005, Mittal filed a summons and complaint with the CIT challenging the DOC's credit expense calculation and treatment of non-prime merchandise. On March 7, 2007, the DOC requested a voluntary remand so that it could reevaluate the calculation of credit expenses and inventory carrying costs used to calculate constructed export price. On April 24, 2007, the CIT granted the DOC's voluntary remand motion to reevaluate its calculation of credit expenses and inventory carrying costs and affirmed the DOC's treatment of non-prime merchandise.
On June 21, 2007, the DOC filed with the CIT the final results of its redetermination, calculating credit expenses from the invoice date, rather than the shipment date. The DOC also changed the inventory carrying costs used in its constructed export price calculation to reflect the date of invoice as the date of sale. On August 8, 2007, the CIT sustained the final results of redetermination on remand. On September 7, 2007, the DOC notified the public that the final judgment in this case was not in harmony with the final results.
Accordingly, on December 3, 2008, the US Court of Appeals for the Federal Circuit (CAFC) affirmed the DOC's final results of redetermination wherein the DOC calculated credit expenses from the date of invoice, rather than the date of shipment for Mittal. The CAFC also affirmed the DOC's classification of Mittal's composite wire rod as non-prime merchandise.
Based on the reconsideration in question, the DOC has amended the final results for Mittal, and has applied the 4.13 percent dumping margin to Mittal for the period of review.