US CIT decision on silicon metal imported from Brazil

US CIT decision on silicon metal imported from Brazil

On February 12, 2002, the US Department of Commerce (DOC) published final results of an antidumping duty administrative review on silicon metal imported from Brazil. Following the publication of the final results, Elkem Metals Company and Global Metallurgical Inc. (collectively petitioners) filed a lawsuit with the US Court of International Trade (CIT) challenging the DOC's calculation of the constructed value for Brazilian producer/exporter Rima. Upon the petition, the ITC instructed the DOC to recalculate Rima's constructed value to include certain value-added taxes (VAT). In the first remand results, the DOC found that no adjustment was necessary to Rima's constructed value. However, the CIT once again instructed the DOC to include VAT paid by Rima in the recalculation of constructed value. On March 16, 2005, the DOC published the second remand results, this time including the VAT paid by Rima in the recalculation of constructed value. As a result of the remand determination, the antidumping duty rate for Rima was increased from 0.35 percent to 0.48 percent. The CIT did not receive comments from either the petitioners or Rima. On August 26, 2005, the CIT affirmed the DOC's findings in the second remand results. Accordingly, the only revision made to the final results was the inclusion of VAT in the calculation of Rima's constructed value, as noted above. This revision resulted in a change in Rima's margin. However, Rima continues to have a de minimis margin, as it had in the final results.