United States Federal Circuit

In an antidumping investigation, judgment of the Court of International Trade that less than fair value (LTFV) imports of steel wire rod from Trinidad and Tobago did not cause a material injury to a domestic industry is vacated and remanded where, on remand from a prior appeal: 1) the International Trade Commission (ITC) was not prevented from finding that the products in question were commodity products; 2) in cases involving commodity products in which non-LTFV imported goods are present in the market, the ITC must give consideration to the issue of "but for" causation by considering whether the domestic industry would have been better off if the dumped goods had been absent from the market; and 3) the ITC was not required to address the causation issue in any particular way, or to apply a presumption that non-subject producers would have replaced the subject imports if the subject imports had been removed from the market.

Appellate Information

• Decided 09/18/2008
• Published 09/18/2008

Judges

• BRYSON, Circuit Judge., Before BRYSON and PROST, Circuit Judges, and ZAGEL, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Mark A. Moran, Steptoe & Johnson LLP, of Washington, DC, argued for plaintiff-appellee.   With him on the brief was Alexandra E.P. Baj. Of counsel were Jamie B. Beaber and Susan R. Gihring., James M. Lyons, General Counsel, Office of the General Counsel, United States International Trade Commission, of Washington, DC, argued for defendant-appellee.   With him on the brief were Andrea C. Casson, Assistant General Counsel for Litigation, and Marc A. Bernstein, Attorney., Kathleen W. Cannon, Kelley Drye & Warren LLP, of Washington, DC, argued for defendants-appellants.   With her on the brief were Paul C. Rosenthal and R. Alan Luberda.