Davis Wire Corp. v. United States
2017 CIT 42
| Ct. Intl. Trade | 2017Background
- ITC remand redetermination sustained after court’s Davis Wire I remand.
- Remand addressed two COP-related issues: raw material cost for Grade 82B 13 mm wire rod and SIW’s G&A expenses.
- Commerce found wire rod used for PC tie wire also used for PC strand; included SIW’s inventory in COP accordingly.
- Commerce found Tata Steel IT services invoiced SIW and those costs were reflected in SIW’s G&A through accounting and verification results.
- Court concluded Commerce reasonably inferred IT costs were included in G&A given records limitations and verification results.
- Overall, court sustains the Remand Redetermination finding a 0.00% dumping margin remains supported by substantial record evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| COP cost for Grade 82B 13 mm wire rod | Davis Wire: exclude PC Strand inventory from COP | U.S.: rod used in PC tie wire also used in PC strand; include as COP | Remand Redetermination upheld |
| G&A expenses and IT services from Tata Steel | Davis Wire: IT costs not shown in G&A on record | U.S.: Tata Steel invoices reasonably reflected in G&A | Remand Redetermination upheld |
Key Cases Cited
- Campbell v. Merit Sys. Prot. Bd., 27 F.3d 1564 (Fed. Cir. 1994) (agency inferences permissible from record evidence)