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Mills v. United States

Decided: November 23, 1988.

OREGON STEEL MILLS INC., PLAINTIFF-APPELLEE,
v.
UNITED STATES (DEPARTMENT OF COMMERCE AND INTERNATIONAL TRADE ADMINISTRATION) AND POHANG IRON & STEEL CO., LTD., DEFENDANTS-APPELLANTS



Appealed from U.S. Court of International Trade, Judge Tsoucalas.

Nies, Bissell, and Archer, Circuit Judges.

Nies

NIES, Circuit Judge.

This appeal is from the final judgment and order of the Court of International Trade in Gilmore Steel Corp. v. United States, 11 C.I.T. 684, 672 F. Supp. 1459 (Ct. Int'l Trade 1987), vacated in part, No. 86-05-00606 (Ct. Int'l Trade Order Dec. 24, 1987) (Tsoucalas, J.), which required the Department of Commerce, International Trade Administration (ITA), to reinstate an antidumping duty order imposed on Korean carbon steel plate imports. The facts underlying this proceeding are set out in detail in the opinion of the Court of International Trade, familiarity with which is presumed. Briefly, the ITA issued an antidumping order, pursuant to 19 U.S.C. § 1673-1673g (1982 & Supp. IV 1986), covering steel plate from Korea. See 49 Fed. Reg. 33,298 (Aug. 22, 1984). Thereafter, the governments of the United States and Korea entered into a Voluntary Restraint Agreement (VRA) pursuant to the Steel Import Stabilization Act of 1984 (SISA), Pub. L. No. 98-573, 98 Stat. 2948, reprinted in 19 U.S.C. § 2253 note (1982 & Supp. IV 1986), under which Korea agreed, inter alia, to quantitative restrictions on imports for these goods conditioned upon revocation of the subject antidumping order. To effectuate that condition precedent, the ITA, in effect, surveyed the domestic industry. Six of the seven producers of carbon steel plate in the United States opted in favor of the VRA over antidumping duties. Only Oregon Steel Mills Inc., then Gilmore Steel Corp., favored the antidumping duty order.

Pursuant to authority the ITA found in 19 U.S.C. § 1675(b) and (c) (1982 & Supp. IV 1986), the ITA proceeded to revoke the antidumping order on the ground of lack of industry support for its continuance. See 51 Fed. Reg. 13,042 (April 17, 1986). Oregon Steel filed suit in the Court of International Trade, seeking to set aside the ITA's revocation, and prevailed on the legal ground that the ITA had not complied with the statutory provisions governing revocation. More particularly, the ITA did not determine, indeed, made no attempt to determine, that sales of Korean steel plate at less-than-fair-value (LTFV) had ceased, which, per the court, was a necessary determination for revocation by the ITA. Gilmore Steel, 672 F. Supp. at 1465. On appeal,*fn1 the ITA maintains that, under section 1675, it may revoke an antidumping order because of lack of industry support and need not investigate whether current sales of the subject goods are LTFV sales. We agree. No other ground for holding the revocation improper is asserted. Accordingly, we reverse the trial court's judgment and vacate its order directing the ITA to reinstate the subject antidumping duty order.

II

Issue

Whether the ITA's authority under 19 U.S.C. § 1675(c) to revoke an antidumping duty order is dependent upon a finding that LTFV sales of the imports which are subject to the order had ceased.

III

Opinion

A

When a determination has been made under 19 U.S.C. § 1673d(a) (1982 & Supp. IV 1986) that certain imports are being, or are likely to be, sold in the United States at less than fair value to the injury of a United States industry, antidumping duties are imposed in an amount to correct the "unfair" pricing of such imports. Because market conditions are dynamic, the statute provides for subsequent revision of the amount of the duties, as well as for complete or partial revocation of the antidumping duty order. The pertinent provisions of the statute relating to the ITA's authority on these matters are found in 19 U.S.C. § 1675, which provides, as amended in 1984:

§ 1675. Administrative review of ...


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