Tension Steel Industries Co. v. United States

236 F. Supp. 3d 1361, 2017 Ct. Intl. Trade LEXIS 85, 2017 WL 2984125
CourtUnited States Court of International Trade
DecidedJuly 12, 2017
DocketSlip Op. 17-84; Consol. Court No. 14-00218
StatusPublished
Cited by1 cases

This text of 236 F. Supp. 3d 1361 (Tension Steel Industries Co. v. United States) is published on Counsel Stack Legal Research, covering United States Court of International Trade primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tension Steel Industries Co. v. United States, 236 F. Supp. 3d 1361, 2017 Ct. Intl. Trade LEXIS 85, 2017 WL 2984125 (cit 2017).

Opinion

[1363]*1363OPINION

Gordon, Judge:

This action involves the U.S. Department of Commerce’s (“Commerce”) final determination in the less than fair value investigation of certain oil country tubular goods from Taiwan. See Certain Oil Country Tubular Goods from Taiwan, 79 Fed. Reg. 41,979 (Dep’t of Commerce July 18, 2014) (final LTFV determ.), as amended, 79 Fed. Reg. 46,403 (Dep’t of Commerce Aug. 8, 2014) (“Final Determination”), and accompanying Issues and Decisions Memorandum for the Final Determination of the Antidumping Duty Investigation of Certain Oil Country Tubular Goods from Taiwan, A-583-850 (Dep’t of Commerce July 10, 2014), available at http://enforcem.ent. trade.gov/frn/summary/taiwan/2014-16861-l.pdf (last visited this date) (“Decision Memorandum”); Antidumping Duty Investigation of Certain Oil Country Tubular Goods from Taiwan: Proprietary Issues (Dep’t of Commerce July 10, 2014), CD 388 (“Confidential Decision Memorandum”).1

Before the court are the Results of Remand Determination, ECF No. 87-1 (“Remand Results”), filed by Commerce pursuant to the court’s remand order in Tension Steel Indus. Co. v. United States, 40 CIT -, 179 F.Supp.3d 1185 (2016) (“Tension Steel I”). The court has jurisdiction pursuant to Section 516A(a)(2)(B)(iii) of the Tariff Act of 1930, as amended, 19 U.S.C. § 1516a(a)(2)(B)(iii) (2012),2 and 28 U.S.C. § 1581(c) (2012). For the reasons set forth below, the court sustains the Remand Results.

I. Standard of Review

For administrative reviews of antidumping duty orders, the court sustains Commerce’s “determinations, findings, or conclusions” unless they are “unsupported by substantial evidence on the record, or otherwise not in accordance with law.” 19 U.S.C. § 1516a(b)(1)(B)(i). More specifically, when reviewing agency determinations, findings, or conclusions for substantial evidence, the court assesses whether the agency action is reasonable given the record as a whole. Nippon Steel Corp. v. United States, 458 F.3d 1345, 1350-51 (Fed. Cir. 2006); see also Universal Camera Corp. v. NLRB, 340 U.S. 474, 488, 71 S.Ct. 456, 95 L.Ed. 456 (1951) (“The substantiality of evidénce must take into account whatever in the record fairly detracts from its weight.”). Substantial evidence has been described as “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” DuPont Teijin Films USA v. United States, 407 F.3d 1211, 1215 (Fed. Cir. 2005) (quoting Consol. Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938)). Substantial evidence has also been described as “something less than the weight of the evidence, and the possibility of drawing two inconsistent conclusions from the evidence does not prevent an administrative agency’s finding from being supported by substantial evidence.” Consolo v. Fed. Mar. Comm’n, 383 U.S. 607, 620, 86 S.Ct. 1018, 16 L.Ed.2d 131 (1966). Fundamentally* though, “substantial evidence” is best understood as a word formula connoting reasonableness review. 3 Charles H. Koch, Jr., Administrative Law and Practice § 9.24[1] (3d ed. 2017). Therefore, when addressing a substantial evidence issue raised by a party, the court analyzes whether the challenged agency action “was reasonable given the circumstances presented by the whole rec[1364]*1364ord.” 8A West’s..Fed. Forms, National Courts § 3.6 (5th ed. 2017).

II. Discussion

In the. Final- Determination, Commerce rejected adjustments for rebate payments made by the respondent, Tension Steel Industries- Co., Ltd. (“Respondent” or “Tension”), pursuant to sales contracts that did. not specifically include a rebate clause. Decision Memorandum at 11. According to Commerce, the only “legitimate rebates” proffered by Tension were those known by customers at or before the time of the sale. Id. Tension persuaded .the court that Commerce’s practice of rejecting rebates when Commerce is not satisfied that customers were aware of the terms and conditions of the rebate at the time of the sale violated Papierfabrik August Koehler AG v. United States, 38 CIT -, 971 F.Supp.2d 1246 (2014) (“Papier-fabrik”), which held that Commerce’s practice contravened the plain language of Commerce’s regulations. Tension Steel I, 40 CIT at -, 179 F.Supp.3d at 1190-91. The court noted that Papierfabrik explained that “the plain language-of Commerce’s regulations require [Commerce] to calculate normal value ‘net- of any price adjustment ... that is reasonably attributable to the ... foreign like product’ that ‘[is] reflected in the purchaser’s net outlay.’ ” Tension Steel I, 40 CIT at -, 179 F.Supp.3d at 1190 (quoting Papierfabrik, 38 CIT at -, 971 F.Supp.2d at 1252-53 (quoting 19 C.F.R. §§ 351.102(b)(38), 351.401(c))). The court also observed that Papierfabrik had become final, and instead of filing an appeal, Commerce chose to amend the applicable regulation.- Accordr ingly, the court remanded this issue to Commerce to grant all of Tension’s rebate adjustments. Tension Steel I, 40 CIT at -, 179 F.Supp.3d at 1191.

On remand, Commerce granted all of Respondent’s reported rebates and recalculated Tension’s antidumping duty margin.3 Remand Results at 3. The petitioners, Maverick Tube Corporation (“Maverick”), United States Steel Corporation, and Boomerang Tube LLC (collectively “Petitioners”), argued that Papierfabrik is an outlier and that the then-existing regulations permitted Commerce to deny Tension’s claimed adjustments for rebates that were not contemplated at the time of sale. Id. Though it “did not disagree” with Petitioners’ arguments, Commerce determined that it would comply with the court’s remand in Tension Steel I. Id. at 4. -

Maverick now challenges Commerce’s determination to comply with the court’s remand and grant all of Tension’s reported rebate adjustments. In particular, Maverick argues that in Tension Steel I the court inappropriately relied upon Pa-pierfabrik, “as [Papierfabrik] is an outlier, reflecting an unreasonable standard that is contrary to established Commerce practice as well as the spirit of the antidumping duty laws.” Maverick’s Comments on Remand Results at 3, ECF No. 93 (“Maverick’s Br,”). Maverick also contends that Commerce did not explain how its decision is supported by the record. Id. at 6.

Maverick’s challenge to Papierfabrik is a continuation of the arguments raised by tlie Government and adopted by Maverick in the initial USCIT Rule 56.2 briefs on the merits in this action. See Def.’s Opposition to Pis.’ R. 56.2 Mot. for J. upon Agency Record at 33-36, ECF No. 62; Maverick Tube Corp.’s Response to Tension’s Mem. in Support of its R. 56.2 Mot. for J.

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Bluebook (online)
236 F. Supp. 3d 1361, 2017 Ct. Intl. Trade LEXIS 85, 2017 WL 2984125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tension-steel-industries-co-v-united-states-cit-2017.