2014 WL 465265
Ct. Intl. Trade2014Background
- Second administrative review of steel threaded rod from PRC under antidumping order; Commerce selecting surrogate country data for NME normal value.
- OP listed surrogate countries by per capita GNI; India excluded due to low GNI relative to PRC; Thailand chosen as primary surrogate over India preliminarily.
- Plaintiffs (Jiaxing Brother, IFI, RMB) challenged surrogate selection, surrogate values for steel wire rod, steel round bar, and hydrochloric acid.
- Commerce concluded Thailand offered superior data for wire rod and other FOP; Philippines data were considered but deemed less reliable for various inputs.
- Record showed significant concerns about Thai hydrochloric acid data versus Indian and Philippine data; Philippine data lacked some inputs needed for margins.
- Court sustained rejection of India but remanded Thailand vs Philippines decision for further explanation or reconsideration on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether India could be the primary surrogate country | Jiaxing Brother argues India is economically comparable and superior data. | Commerce reasonably rejected India due to per capita GNI disparity and data quality. | Sustained rejection of India as surrogate. |
| Whether per capita GNI is a reasonable measure of economic development for surrogate selection | Plaintiffs contend India data should be used; per capita GNI misapplies statute. | Commerce reasonably uses per capita GNI as the standard measure of development. | Commerce's use of per capita GNI upheld. |
| Whether Thailand should be selected over the Philippines as the primary surrogate | Thai data are inferior; Philippines data better for HCL and financials; Thailand data are overly limited for some inputs. | Thailand offers superior quality and completeness for most inputs; Philippines data lack certain values. | Remanded for clarification or reconsideration of Thailand vs Philippines. |
| Whether Commerce properly evaluated HCL data quality among Thai, Philippine, and Indian sources | Thai HCL values are aberrantly high and not best available; Indian domestic data suggest lower values. | Thai data were determined usable for multiple inputs; Indian data unavailable for HCL due to comparability. | Remand to reassess HCL data selection and its impact. |
Key Cases Cited
- Dupont Teijin Films USA v. United States, 407 F.3d 1211 (Fed. Cir. 2005) (substantial evidence framework and reasonableness review)
- United States v. Eurodif S.A., 555 U.S. 305 (Supreme Court 2009) (Chevron deference and agency interpretation governs when language is ambiguous)
- Dorbest Ltd. v. United States, 604 F.3d 1363 (Fed. Cir. 2010) (surrogate data quality and multiple quantities concerns in data selection)
- Wheatland Tube Co. v. United States, 495 F.3d 1355 (Fed. Cir. 2007) (reasonableness review in antidumping surrogate data determinations)
- Consolo v. Fed. Maritime Comm'n, 383 U.S. 607 (U.S. Supreme Court 1966) (finality and ripeness guiding administrative review standards)