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CIT Upholds Commerce's Decision to Drop PMS Finding in South Korean AD Review

The Court of International Trade in an Aug. 29 opinion upheld the Commerce Department's decision to reverse its finding that a particular market situation existed for an input of oil country tubular goods in South Korea. The court previously remanded…

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the PMS determination in the 2017-18 administrative review of the AD order on OCTG as being unsupported by substantial evidence. The agency then flipped its finding, prompting Judge Jennifer Choe-Groves to sustain the remand results. Previously, the judge also sent back Commerce's use of the Cohen's d test to root out masked dumping, but since respondent SeAH Steel Corp. was given a de minimis dumping margin, the issue was moot.