Wheatland Tube Co. v. United States

2018 CIT 85

Opinion

Slip Op 18-85

UNITED STATES COURT OF INTERNATIONAL TRADE

WHEATLAND TUBE CO.,

Plaintiff, Before: Leo M. Gordon, Judge v.

UNITED STATES, Court No. 17-00021

Defendant.

JUDGMENT

Before the court is the U.S. Department of Commerce's (“Commerce”) Final

Results of Redetermination Pursuant to Court Remand ("Remand Results"),

ECF No. 37, in this action. The court notes that it “erred in remanding” the issue of

Commerce’s treatment of the cost of caps used by the mandatory respondent “without

ascertaining whether [the issue] had a material effect on the less than fair value

determinations. As Commerce explains in the Remand Results, [this issue does not,]

and any error was therefore harmless. It was therefore a waste of administrative

resources for the court to require a remand in this case.” See CC Metals & Alloys, LLC

v. United States, 41 CIT ___, ___, 222 F. Supp. 3d 1303, 1304 (2017). There being no

challenge to the Remand Results, it is hereby

ORDERED that the Remand Results are sustained.

/s/ Leo M. Gordon Judge Leo M. Gordon Dated: July 9, 2018 New York, New York