Judges: Gordon
Filed: Jul. 09, 2018
Latest Update: Mar. 03, 2020
Summary: Slip Op 18-85 UNITED STATES COURT OF INTERNATIONAL TRADE WHEATLAND TUBE CO., Plaintiff, Before: Leo M. Gordon, Judge v. UNITED STATES, Court No. 17-00021 Defendant. JUDGMENT Before the court is the U.S. Department of Commerce's (“Commerce”) Final Results of Redetermination Pursuant to Court Remand ("Remand Results"), ECF No. 37, in this action. The court notes that it “erred in remanding” the issue of Commerce’s treatment of the cost of caps used by the mandatory respondent “without ascertaining
Summary: Slip Op 18-85 UNITED STATES COURT OF INTERNATIONAL TRADE WHEATLAND TUBE CO., Plaintiff, Before: Leo M. Gordon, Judge v. UNITED STATES, Court No. 17-00021 Defendant. JUDGMENT Before the court is the U.S. Department of Commerce's (“Commerce”) Final Results of Redetermination Pursuant to Court Remand ("Remand Results"), ECF No. 37, in this action. The court notes that it “erred in remanding” the issue of Commerce’s treatment of the cost of caps used by the mandatory respondent “without ascertaining ..
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Slip Op 18-85
UNITED STATES COURT OF INTERNATIONAL TRADE
WHEATLAND TUBE CO.,
Plaintiff,
Before: Leo M. Gordon, Judge
v.
UNITED STATES, Court No. 17-00021
Defendant.
JUDGMENT
Before the court is the U.S. Department of Commerce's (“Commerce”) Final
Results of Redetermination Pursuant to Court Remand ("Remand Results"),
ECF No. 37, in this action. The court notes that it “erred in remanding” the issue of
Commerce’s treatment of the cost of caps used by the mandatory respondent “without
ascertaining whether [the issue] had a material effect on the less than fair value
determinations. As Commerce explains in the Remand Results, [this issue does not,]
and any error was therefore harmless. It was therefore a waste of administrative
resources for the court to require a remand in this case.” See CC Metals & Alloys, LLC
v. United States, 41 CIT ___, ___,
222 F. Supp. 3d 1303, 1304 (2017). There being no
challenge to the Remand Results, it is hereby
ORDERED that the Remand Results are sustained.
/s/ Leo M. Gordon
Judge Leo M. Gordon
Dated: July 9, 2018
New York, New York