Gerdau Ameristeel U.S. Inc. v. United States Int'l Trade Comm'n , 2008 CIT 130 ( 2008 )

Slip Op. 08 – 130
J U D G M E N T
UNITED STATES COURT OF INTERNATIONAL TRADE
Thomas J. Aquilino, Jr., Senior Judge
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:
GERDAU AMERISTEEL U.S. INC. et al.,
:
Plaintiffs,
:
v.
: Court No. 01-00955
UNITED STATES INTERNATIONAL TRADE
COMMISSION, :
Defendant. :
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This case having commenced for judicial review of the
preliminary determination of the U.S. International Trade
Commission sub nom. Carbon and Certain Alloy Steel Wire Rod From
Brazil, Canada, Egypt, Germany, Indonesia, Mexico, Moldova, South
Africa, Trinidad and Tobago, Turkey, Ukraine, and Venezuela, 66
Fed.Reg. 54,539 (Oct. 29, 2001), that imports of indicated subject
merchandise from Egypt, South Africa and Venezuela allegedly sold
in the United States at less than fair value are negligible and
therefore that its investigations with regard to those countries be
terminated; and the court in slip opinion 02-59, 26 CIT 639, 244
F.Supp.2d 1349 (2002), having remanded that determination for
reconsideration; and the defendant having filed Views of the
Commission on Remand (Aug. 16, 2002) to the effect that
Court No. 01-00955 Page 2
imports [of wire rod] from Egypt, South Africa and
Venezuela are not negligible, and that there is a
reasonable indication that an industry in the United
States is materially injured by reason of imports of
[wire rod] from Egypt, South Africa, and Venezuela that
are allegedly sold in the United States at less than fair
value[,]
which Views were affirmed in a final judgment pursuant to slip
opinion 02-113, 26 CIT 1131 (2002); and intervenor-defendants
having appealed therefrom to the U.S. Court of Appeals for the
Federal Circuit, which decided sub nom. Co-Steel Raritan, Inc. v.
Int’l Trade Comm’n, 357 F.3d 1294, 1317 (2004), to vacate that
judgment but also to remand for consideration whether the defendant
had erred in concluding that
there was no reasonable indication that wire rod imports
from Egypt, South Africa, and Venezuela would imminently
exceed statutory negligibility levels, whether considered
individually or collectively[;]
and the defendant having filed Views of the Commission (Sept. 9,
2005) to the effect that the subject imports from
South Africa that are allegedly sold in the United States
at less than fair value are negligible individually, and
that subject imports from Egypt, South Africa and
Venezuela that are allegedly sold in the United States at
less than fair value are negligible in the aggregate, for
purposes of our threat determinations[;]
and the court in slip opinion 07-7, 31 CIT ___ (Jan. 17, 2007),
having concluded that there was not a sustainable relationship
therein between the facts that the defendant finds on remand and
Court No. 01-00955 Page 3
the result that it reaches, perhaps due, at least in part, to a
paucity of producer data; and the parties having thereupon
consented to further remand per slip opinion 07-165, 31 CIT ___
(Nov. 8, 2007); and the defendant having filed Views of the
Commission (Third Remand) (March 10, 2008) to the effect that the
subject imports from
South Africa that are allegedly sold in the United States
at less than fair value . . . are negligible
individually, and that subject imports from Egypt, South
Africa, and Venezuela are negligible in the aggregate,
for purposes of our threat determinations[,]
which Views are now stated to be based upon a supplemented
administrative record; and the court having now reviewed this
record and finding substantial evidence thereon in support thereof,
it is
ORDERED, ADJUDGED and DECREED that the Views of the
Commission (Third Remand) (March 10, 2008) be, and they hereby are,
affirmed.
Dated: New York, New York
November 25, 2008
/s/ Thomas J. Aquilino, Jr.
Senior Judge