Hyundai Steel Company v. United States

Summary

The United States Court of Appeals for the Federal Circuit held that the 2015 amendments to the antidumping statute did not authorize the Department of Commerce to adjust exporters' costs of production for purposes of the sales-below-cost test based on a particular market situation. The court affirmed the Court of International Trade's statutory interpretation and concluded that it therefore did not need to decide whether Commerce's particular-market-situation finding was supported by substantial evidence. The appeal arose from an administrative review of antidumping duties on welded line pipe from South Korea.

Holdings

1. The 2015 amendments to the antidumping statute authorize PMS adjustments to constructed value under 19 U.S.C. § 1677b(e), but do not authorize Commerce to make PMS-based adjustments to costs of production under 19 U.S.C. § 1677b(b) for purposes of the sales-below-cost test.
2. The court did not consider the argument because Welspun failed to preserve it, and Commerce had not relied on section 1677b(f)(1)(A) in its final determination.
3. The court did not reach the substantial-evidence challenge because Commerce lacked statutory authority to make the PMS-based cost adjustment.

Questions Presented

1. Whether the 2015 amendments to the antidumping statute authorized Commerce to adjust an exporter's costs of production for purposes of the sales-below-cost test based on a particular market situation.
2. Whether 19 U.S.C. § 1677b(f)(1)(A) supplied an alternative basis for Commerce's PMS-based cost adjustment.
3. Whether Commerce's finding that a particular market situation existed was supported by substantial evidence.

Disposition

affirmed