995 F.Supp. 116 (CIT. 1998), 96-05-01372, SSAB Svenskt Stal AB v. United States

Docket Nº:Court No. 96-05-01372.
Citation:995 F.Supp. 116
Party Name:SSAB SVENSKT ST
Case Date:January 12, 1998
Court:Court of International Trade
 
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995 F.Supp. 116 (CIT. 1998)

SSAB SVENSKT STÅL AB, Plaintiffs,

v.

UNITED STATES, Defendant,

Bethlehem Steel Corp., Defendant-Intervenors.

Slip Op.98-3.

Court No. 96-05-01372.

United States Court of International Trade.

Jan. 12, 1998

Perkins Coie (Thomas V. Vakerics and Mark T. Wasden), for plaintiffs.

Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Civil Division, U.S. Dept. of Justice, (Velta A. Melnbrencis), Dean A. Pinkert, Office of Chief Counsel for Import Admin., U.S. Dept. of Commerce, of counsel, for defendant.

Skadden, Arps, Slate, Meagher & Flom LLP (Robert E. Lighthizer and John J. Mangan), for defendant-intervenors.

MEMORANDUM OPINION

DICARLO, Senior Judge.

In SSAB Svenskt Stål AB v. United States, 21 CIT 1007, 976 F.Supp. 1027 (1997), the court remanded Commerce's final determination in Certain Cut-to-Length Carbon Steel Plate From Sweden, 61 Fed.Reg. 15,772 (Dep't Commerce 1996) (final admin. review) to allow Commerce to consider whether the foreign market value should be adjusted based upon rebates SSAB granted to certain home-market customers.

Commerce has concluded that the foreign market value should be adjusted. Final Results of Redetermination on Remand, SSAB Svenskt Stål AB v. United States, Court No. 96-05-01372, Slip. Op. 97-123 (Aug. 29, 1997) [hereinafter Remand Results ]. It found that SSAB's rebates were made on either a fixed and constant percentage-of-sales value or on a fixed and constant Swedish Kroner-

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per-ton of total tonnage sold. They therefore qualified as direct selling expenses warranting a circumstance of sale adjustment to foreign market value. Commerce has recalculated the antidumping duty margin at 7.25 percent. This rate applies to certain cut-to-length carbon steel plate from Sweden entered between February 4, 1993 and July 31, 1994.

In its Remand Results, Commerce stated that it would "instruct the Customs Service to collect cash deposits at the above rate [of 7.25%] for entries from SSAB of cut-to-length carbon steel plate from Sweden." Remand Results at 4. The government has agreed that such instructions would be incorrect because Commerce has published subsequent administrative reviews that govern future cash...

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