CIT Defends Commerce's Decision Not to Apply Reimbursement Regulation in Steel AD Case
The Court of International Trade in a May 31 opinion made public June 10 sustained the Commerce Department's final results in the administrative review of the antidumping duty order on hot-rolled steel flat products from Australia. The U.S. Steel Corporation…
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filed the case to argue that exporter BlueScope Steel (AIS) reimbursed the affiliated importer BlueScope Steel Americas for the antidumping duties paid on the subject entries by decreasing the invoice price by the amount of the duties, and that Commerce should've deducted from the exporter's U.S. price because of it. Judge Richard Eaton said this was a "garden variety transaction among an exporter, an importer, and an unaffiliated purchaser," and that no evidence was presented that would prove the importer was reimbursed.