United States Steel Corp. v. United States, 2011 Ct. Intl. Trade LEXIS 18

This action challenges the Final Results of Commerce’s fourteenth administrative review of the antidumping duty order on certain corrosion-resistant carbon steel flat products from Korea.
U.S. Steel and Nucor challenged Commerce’s valuation of steel substrate procured from affiliated suppliers by Union Steel Manufacturing Co., Ltd. and related entities.
Plaintiff-Intervenor Nucor separately contested Commerce’s treatment of other affiliated suppliers and its decision not to collapse Union with the POSCO Group.
Commerce sought voluntary remand to reconsider its determinations on adjustments to Union’s steel-substrate costs, major input rulings, and collapse determinations.
The court granted remand with instructions to address the various claims and provide a full, explanations-based reconsideration.
The proceedings proceed under 28 U.S.C. § 1581(c) and 19 U.S.C. § 1516a, with the court reviewing the agency record for substantial evidence and law.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Remand proper to reconsider neglect of insignificant adjustments	U.S. Steel argues adjustments to Union’s costs should not be disregarded	Commerce’s characterization of adjustments as negligible may be erroneous; remand appropriate	Remand granted to reconsider the negligible adjustment finding
Major input rule applied to POSCO Group purchases	Nucor contends the major input rule should apply to all affiliated purchases, including POSCO Group	Record insufficiently explained for POSCO Group and acknowledges an error in the initial finding	Remand required to reconsider and explain the decision not to apply the major input rule to POSCO Group
Major input rule valuation for JFE Steel via trading company	Nucor argues data from the trading company is insufficient; producer-cost data should be used	Department used available data from trading company as best information on record	Remand to reconsider and explain the valuation method and reasoning for JFE Steel under the major input rule
Collapse of Union and POSCO Group	Nucor challenges the decision not to collapse Union with POSCO Group	Record evidence insufficiently demonstrates significant transactions; defense cites lack of intertwined operations	Remand to reconsider collapse in light of erroneous findings and to revisit related criteria

Consolidated Edison Co. v. NLRB, 305 U.S. 197 (1938) (substantial evidence standard; court reviews agency actions for reasoned decisionmaking)
SEC v. Chenery Corp., 332 U.S. 194 (1947) (agency must justify action on the grounds invoked; review of agency reasoning)