Certain Carbon Steel Products (Cut-to-Length Plate) from Belgium and Germany. Investigations Nos. 701-TA-319 and 322 and 731-TA-573 and 578 (Review) (Remand). Determination and Views of the Commission

摘要

These Views respond to the second order of remand by the United States Court of International Trade (CIT). The decision of the CIT remanding these reviews to the Commission stated that the Commission had adequately explained all the issues on which the determinations were remanded. However, because the United States Court of Appeals for the Federal Circuit ruled that floor plate is not within the scope of the 1993 antidumping and countervailing duty orders that form the basis of these reviews, contrary to the Department of Commerce's finding, the CIT again remanded the determinations so that the Commission could review the pertinent data without consideration of floor plate. The CIT instructed the Commission on this second remand to '(1) reconsider whether Belgian imports should be cumulated with other subject imports; and (2) explain the impact of Duferco (Steel, Inc. v. United States) on its cumulated analysis.' Following receipt of the CIT decision, the Commission reopened the administrative record, requested specific data from the Belgian producers pertaining to cut-to-length carbon steel plate exclusive of floor plate, and permitted the parties to comment on the data. Accordingly, in this second remand the Commission considers, with floor plate removed from subject imports, whether we should exercise our discretion to cumulate the likely volume and effect of subject imports from Belgium with other subject imports, whether imports from 11 subject countries should again be cumulated, and whether subject imports are likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.