Ozdemir Boru San. ve Tic. Ltd. Sti. v. United States , 282 F. Supp. 3d 1352 ( 2018 )

Slip Op. 18 - 
UNITED STATES COURT OF INTERNATIONAL TRADE
हZDEMIR BORU SAN. VE TIC. LTD. STI.,
Plaintiff,
v.
UNITED STATES,
Before: Gary S. Katzmann, Judge
Defendant,
Court No. 16-00206
and
ATLAS TUBE and
INDEPENDENCE TUBE CORPORATION,
Defendant-Intervenors.
JUDGMENT
The Court has reviewed the United States Department of Commerce’s Final Results of
Redetermination Pursuant to Court Remand dated December 12, 2017, ECF No. 59 (“Remand
Results”), in this action, in which Commerce complied with the Court’s opinion and remand order
of October 16, 2017, हzdemir Boru San. ve Tic. Ltd. Sti. v. United States, Court No. 16-00206,
Slip Op. 17-142, 41 CIT ___, ___ F. Supp. 3d ___ (Oct. 16, 2017). Commerce recited the Court’s
holding in the prior opinion and remand order: “if [Commerce] chooses to maintain its Land for
Less than Adequate Remuneration (LTAR) benchmark calculation on remand, it must explain the
following: (1) why the high prices for the Istanbul and Yalova Altinova (Yalova) land parcels are
not aberrational, and how a simple average of all the land parcel prices used in the land benchmark
calculation (i.e., the dataset) successfully moderates the price disparities; (2) whether the Istanbul
Court No. 16-00206 Page 2
and Yalova land parcels are located in more highly developed areas of Turkey and how that affects
the Department’s analysis; and (3) why the future usage of the land parcels (i.e., “investment land
for industrial usage”) is relevant under the applicable provisions of the statute and the regulations.”
Remand Results at 1–2. On remand, Commerce determined that “there is a reasonable basis for
treating the Istanbul and Yalova land parcels as outliers because (1) the prices of these parcels
deviate substantially from the other prices in the dataset, and consequently, (2) the average price
of the land parcels in the benchmark is skewed if the Istabul and Yalova land parcels are not
removed from the dataset.” Id. at 2. Commerce accordingly removed the two parcels from the
dataset, and thus found moot “the other issues raised by the Court, namely the relative levels of
development of the land parcels in the benchmark, the importance of a land parcel’s future usage
in [Commerce’s] benchmark selection, and issues involving comparability[.]” Id.
&RXQVHO IRU SODLQWLII हzdemir and defendant-intervenors Atlas Tube and Independence
Tube Corporation have represented that they have no comments on the Remand Results. See Joint
Status Report, Jan. 29, 2018, ECF No. 63.
Now, therefore, upon consideration of the foregoing, it is hereby
ORDERED that the Remand Results are sustained, and this case is dismissed.
/s/ Gary S. Katzmann
Judge
Dated: )HEUXDU\, 2018
New York, New York