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Chemical Products Corporation v. United States

Docket 1:23-cv-00021, Court of International Trade (Feb. 6, 2023)
DivisionNew York
FlagsTERMINATED
Plaintiff Chemical Products Corporation
Defendant United States
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Corinth Pipeworks Pipe Industry SA et al v. United States

Docket 1:22-cv-00063, Court of International Trade (Mar. 4, 2022)
Leo M. Gordon, presiding
DivisionNew York
Plaintiff Corinth Pipeworks Pipe Industry SA
Plaintiff CPW America Co.
Defendant United States
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No. 53 Order entered on 4/28/2023, Slip-Op

Document Corinth Pipeworks Pipe Industry SA et al v. United States, 1:22-cv-00063, No. 53 (Ct. Int'l Trade Apr. 28, 2023)
The court has previously explained this distinction, observing that “[w]hen Commerce calculates margins ‘it generates information; it does not collect information.’” Tri Union Frozen Prods., Inc. v. United States, 40 CIT ___, ___, 163 F. Supp.
Likewise, Plaintiffs claim that Corinth’s failure “to exclude costs from the first quarter of 2019 that fell outside the POR” did not justify the application of total AFA, placing the onus on Commerce to interpret the over-inclusive data and conclude that “no production of MUC took place” during those months.
That Plaintiffs may have identified “another possible reasonable choice” for the form and manner of its submissions falls short of the mark, especially where, as here, Plaintiffs’ preferred means of reconciliation is confusing and requires Commerce to sift through unrequested and irrelevant information.
Therefore, based on its description of its own attempts to reconcile Corinth’s information, and its explanation as to why a cost reconciliation was a necessary component underpinning its LTFV analysis as a whole, Commerce’s decision to rely on facts available when determining Corinth’s dumping margin was reasonable.
Page 23 In the Final Results, Commerce concluded that, despite “multiple chances”—i.e., supplemental questionnaires—“Corinth refused to provide the reconciliation in the format requested.” Decision Memorandum at 7 (“In addition, based on our analysis of the record information, there is a large unreconciled difference between Corinth’s audited financial statement COM and its reported costs.”).
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Amendment Approval No. 306471

Document Corrosion-Resistant and Carbon Steel Flat Products from Canada, 1921-197, No. 306471-1 (U.S.I.T.C. Aug. 1, 2008)
Re: Oil Country Tubular Goods, 701-364, 731-TA-711(2nd Review): Re: APO Number: 06-76 Dear Mr. Mangan: Your application for disclosure of BPI/CBI under administrative protective order in the above-referenced investigation filed on June 25, 2008 on behalf of United States Steel Corporation was approved on June 27, 2008.
Please reference the above-listed APO Number when notifying the Secretary of any changes that affect the representations made in this application.
For any such filings, the APO number should be entered into the Document Title field when completing the EDIS cover sheet.
In March 2005, the Commission changed its practice with respect to the Acknowledgment for Clerical Personnel form.
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No. 306467-1

Document Corrosion-Resistant and Carbon Steel Flat Products from Canada, 1921-197, No. 306467-1 (U.S.I.T.C. Aug. 1, 2008)

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Steel

Docket 201-073, United States International Trade Commission

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No. 428974-1

Document Corrosion-Resistant and Carbon Steel Flat Products from Canada, 1921-197, No. 428974-1 (U.S.I.T.C. Jul. 9, 2010)

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Certain Steel Wire Rod: Monitoring Developments in the Domestic Industry

Docket 204-006, United States International Trade Commission (March 20, 2001)

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