American Tubular Products, LLC v. United States

Chengde is a Chinese producer of oil country tubular goods (OCTG), steel tubing products used in oil and gas drilling, and ATP is the importer of record during the relevant period. In 2011, the Department of Commerce initiated the first administrative review of the antidumping duty order directed to OCTG from China and selected Chengde as a mandatory respondent. Because China is considered a nonmarket economy country, Commerce selected Indonesia, a market economy country, as the primary surrogate country from which it would use surrogate values to ascertain Chengde’s factors of production. In the Final Results, Commerce assigned Chengde a dumping margin of 162.69%. The Trade Court and Federal Circuit affirmed, finding that Commerce’s antidumping duty calculations were supported by substantial evidence and otherwise in accordance with law. The court rejected challenges to Commerce’s decision to use a simple average of surrogate values for carbon steel billets and alloy steel billets for the untested OCTG; its denial of scrap byproduct offset; and its treatment of international freight as nonmarket economy transactions. View "American Tubular Products, LLC v. United States" on Justia Law