United States Federal Circuit
Mueller Comercial de Mexico v. US, 2013-1391
The decision of the Court of International Trade sustaining the United States Department of Commerce's antidumping determination related to certain circular welded non-alloy steel pipe from Mexico, is vacated and remanded to recalculate plaintiff's rate, where: 1) Commerce's accuracy rationale for its calculation of plaintiff's antidumping rate was unsupported by substantial evidence; but 2) Commerce is not precluded from also relying on the policy considerations that motivated the decision under review, namely, its desire to encourage plaintiff to induce its supplier's cooperation and Commerce's concern that calculating too low a rate for plaintiff might allow the supplier to evade its own dumping duty by channeling sales through plaintiff.
Appellate Information
- Decided 05/29/2014
- Published 05/29/2014
Judges
- DYK
Court
- United States Federal Circuit