On April 2, the US Department of Commerce (DOC) declared that the recent decision notice issued by the US Court of International Trade (CIT) was not in harmony with the final results of the DOC's administrative review of certain hot rolled carbon steel flat product imports from the Netherlands.
On February 20, 2009, the DOC filed its final results of redetermination pursuant to Corus Staal with the CIT. In its final redetermination, the DOC amended the final results of the 2004-2005 administrative review to rescind its duty absorption finding with respect to Corus Staal. Specifically, the DOC no longer found that Corus absorbed the antidumping duties during the period of review since Corus was itself the importer of record. The redetermination in question did not affect either the weighted-average margin or the assessment rate calculated for Corus for the relevant period of review.
On March 24, 2009, the United States Court of International Trade (CIT) sustained the remand redetermination issued by the DOC pursuant to the CIT's remand order in the final results of the administrative review of the antidumping duty order on certain hot rolled carbon steel flat products from the Netherlands. The CIT reaffirmed the DOC's calculation of Corus Staal BV's (Corus Staal) dumping margin during the administrative review and affirmed the DOC's reversal of its duty absorption finding. Furthermore, the CIT also affirmed the DOC's authority to issue instructions to US Customs and Border Protection (CBP) to levy antidumping duties on entries.
Consistent with the decision of the United States Court of Appeals for the Federal Circuit (Federal Circuit) in the Timken case, the DOC has notified the public that the CIT's Corus Staal judgment is not in harmony with the DOC's final results and the amended final results.
This case arises out of the DOC's final results and the amended final results for the products in question for the period of review from November 1, 2004, through October 31, 2005.