Night Note: The 1st 100 Days: Commerce’s Unprecedented Action

Alston & Bird
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Typically in antidumping proceedings involving market economy countries, the Department of Commerce calculates normal value using the producer’s actual sales or costs of production. However, in the final results of the administrative review of two Korean oil country tubular goods (OCTG) producers in OCTG from Korea, Commerce applied Section 504 of the Trade Preferences Extension Act of 2015 (TPEA) and rejected the producer’s actual costs of production for hot-rolled steel in coil (HRC) in calculating constructed value. This action is unprecedented and reflects the aggressive stance of the Trump Administration in trade remedy cases.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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