Wheatland Tube v. United States

755 F. Supp. 3d 1304, 2025 CIT 05
CourtUnited States Court of International Trade
DecidedJanuary 15, 2025
Docket22-00160
StatusPublished

This text of 755 F. Supp. 3d 1304 (Wheatland Tube 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.

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Wheatland Tube v. United States, 755 F. Supp. 3d 1304, 2025 CIT 05 (cit 2025).

Opinion

Slip Op.

UNITED STATES COURT OF INTERNATIONAL TRADE

WHEATLAND TUBE,

Plaintiff,

v.

UNITED STATES, Before: Timothy M. Reif, Judge Defendant, Court No. 22-00160 and

HYUNDAI STEEL COMPANY; HUSTEEL CO., LTD.; SEAH STEEL CORPORATION; NEXTEEL CO., LTD.,

Defendant-Intervenors.

OPINION

[Sustaining Commerce’s final remand redetermination.]

Dated: January 15, 2025

Nicholas J. Birch, Schagrin Associates, of Washington, D.C., argued for plaintiff Wheatland Tube. With him on the briefs were Roger B. Schagrin and Elizabeth J. Drake.

Robert R. Kiepura, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, D.C., argued for defendant United States. With him on the briefs were Brian M. Boynton, Principal Deputy Assistant Attorney General, Patricia M. McCarthy, Director and Franklin E. White, Jr., Assistant Director. Of counsel was JonZachary Forbes, Attorney, Office of the Chief Counsel for Trade Enforcement and Compliance, U.S. Department of Commerce, of Washington, D.C.

Jarrod M. Goldfeder, Trade Pacific PLLC, of Washington, D.C., argued for defendant- intervenor Hyundai Steel Company. With him on the briefs was Robert G. Gosselink. Court No. 22-00160 Page 2

Kang Woo Lee, Arnold & Porter Kaye Scholer LLP, of Washington, D.C., argued for defendant-intervenor NEXTEEL Co., Ltd. With him on the briefs were J. David Park, Daniel R. Wilson and Henry D. Almond.

Eugene Degnan, Morris, Manning & Martin LLP, of Washington, D.C., argued for defendant-intervenor Husteel Co., Ltd. With him on the briefs were Donald B. Cameron, Julie C. Mendoza, R. Will Planert, Brady W. Mills, Mary S. Hodgins, Jordan L. Fleischer, Nicholas C. Duffey and Edward J. Thomas III.

***

Reif, Judge: Before the court are the remand results of the U.S. Department of

Commerce (“Commerce”) pursuant to the Court’s order in Wheatland Tube v. United

States (“Wheatland Tube I” or the “Remand Order”), 47 CIT __, __, 650 F. Supp. 3d

1379 (2023). See Final Results of Redetermination Pursuant to Court Remand

(“Remand Results”), ECF No. 61.

In Wheatland Tube I, the Court remanded for reconsideration Commerce’s

determination to grant a constructed export price (“CEP”) offset to Hyundai Steel

Company (“Hyundai”) and Husteel Co., Ltd. (“Husteel”) (collectively, the “mandatory

respondents”) in Commerce’s 2019-2020 administrative review of the antidumping duty

(“AD”) order on circular welded non-alloy steel pipe from the Republic of

Korea. Circular Welded Non-Alloy Steel Pipe from the Republic of Korea: Final Results

of Antidumping Duty Administrative Review and Final Determination of No Shipments;

2019-2020 (“Final Results”), 87 Fed. Reg. 26,343 (Dep’t of Commerce May 4, 2022)

and accompanying Issues and Decision Memorandum (“IDM”) (Dep’t of Commerce Apr.

26, 2022). Court No. 22-00160 Page 3

The Court ordered Commerce to comply with its “obligations set forth in 19

U.S.C. § 1677m(d) — namely, to provide the mandatory respondents with: (1) notice of

the ‘nature’ of any deficiencies that Commerce identified in their respective

submissions; and (2) ‘to the extent practicable . . . an opportunity to remedy or explain

the deficienc[ies].’” Wheatland Tube I, 47 CIT at __, 650 F. Supp. 3d at 1383.

On remand, Commerce found that neither mandatory respondent demonstrated

adequately that home market sales during the period of review (“POR”) were at a more

advanced level of trade (“LOT”) than the CEP LOT. Remand Results at 6. Therefore,

Commerce recalculated the weighted-average dumping margins for respondents

without a CEP offset. Id. at 15.

For the reasons discussed below, the court sustains the Remand Results.

BACKGROUND

The court presumes familiarity with the facts, as set out in Wheatland Tube I, and

recounts only those facts relevant to the issues before the court on remand. In its

decision of August 3, 2023, the Court addressed whether Commerce had complied with

its obligations set forth in 19 U.S.C. § 1677m(d) to notify the mandatory respondents of

deficiencies in their submissions and to provide respondents with an opportunity to

remedy any deficiency by submitting a supplemental questionnaire response. See

Wheatland Tube I, 47 CIT at __, 650 F. Supp. 3d at 1382-83.

In the Final Results, Commerce conceded that it had failed to comply with 19

U.S.C. § 1677m(d) and therefore granted each respondent a requested CEP offset,

despite finding that neither respondent had provided an adequate quantitative analysis Court No. 22-00160 Page 4

supporting an offset. Id. at __, 650 F. Supp. 3d at 1380-81. The Court remanded

Commerce’s decision in the Final Results to grant a CEP offset to the mandatory

respondents and ordered Commerce on remand to comply with 19 U.S.C. § 1677m(d),

“namely, to provide the mandatory respondents with: (1) notice of the ‘nature’ of any

deficiencies that Commerce identified in their respective submissions; and (2) ‘to the

extent practicable . . . an opportunity to remedy or explain the deficienc[ies].’” Id. at __,

650 F. Supp. 3d at 1383.

On August 24, 2023, Commerce issued a supplemental questionnaire to each

mandatory respondent, identifying deficiencies in their respective original questionnaires

and requesting further information regarding their respective LOT analyses. See

Commerce Supplemental Questionnaire to Husteel (Aug. 24, 2023) (“Husteel Supp.

Quest.”), REM-PR 1; Commerce Supplemental Questionnaire to Hyundai Steel (Aug.

24, 2023) (“Hyundai Supp. Quest.”), REM-PR 2.

Respondents then submitted timely supplemental responses to Commerce. See

Hyundai Steel’s Remand Supplemental Questionnaire Response (Sept. 7, 2023)

(“Hyundai SQR”), REM-CR 2, REM-PR 7; Husteel’s Remand Supplemental

Questionnaire Response (Sept. 8, 2023) (“Husteel SQR”), REM-CR 4, REM-PR 8.

On October 31, 2023, Commerce issued its Remand Results, denying CEP

offsets to both respondents. Remand Results at 15.

On December 11, 2023, the mandatory respondents filed comments in

opposition to the Remand Results. See Husteel Comments on Commerce’s Final Court No. 22-00160 Page 5

Remand Results (“Husteel Br.”), ECF Nos. 68-69; Hyundai Comments on Commerce’s

Final Remand Results (“Hyundai Br.”), ECF Nos. 70-71.

On January 22, 2024, defendant United States (the “Government”) and plaintiff

Wheatland Tube filed comments in support of the Remand Results. See Def.

Comments Supporting Remand Results (“Def. Br.”), ECF No. 73; Pl. Comments

Supporting Remand Results (“Pl. Br.”), ECF No. 74.

On November 14, 2024, the court heard oral argument. See Oral Arg. Tr., ECF

No. 82.

JURISDICTION AND STANDARD OF REVIEW

The court exercises subject matter jurisdiction pursuant to 28 U.S.C. § 1581(c).

On remand, the Court will sustain Commerce’s determinations “if they are in

accordance with the remand order, are supported by substantial evidence, and are

otherwise in accordance with law.” MacLean-Fogg Co. v. United States, 39 CIT __, __,

100 F. Supp. 3d 1349, 1355 (2015) (citing 19 U.S.C. § 1516a

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