totally different stainless-steel grades
) is the main producer of stainless-steel pipes in the dynamic South East Asian region, and is a key player within the global market, exporting to over 60 nations worldwide. This item will ship to United States, but the seller has not specified shipping options.
(“Kanzen”) appeals the choice of the United States Court of International Trade sustaining the final affirmative antidumping duty dedication issued by the Department of Commerce (“Commerce”). Kanzen argues that Commerce was required to right an alleged error in its last determination. We due to this fact affirm the choice of the Court of International Trade.
Our stainless production range
We produce ASTM/ASME Grade 304, Grade 304L,304h, 316, 316L, 316H, 316TI, 321, 321H, 309S, 309H, 310S, 310H, 410S, 2205, 904L, 2507, 254, gh3030, 625, 253MA, S30815, 317L, Type 317, 316lN, 8020, 800, 800H, C276, S32304 and others special requirement stainless steel grade.
- The rules permit for less than 30 days for Commerce to receive comments on ministerial errors and make any corrections to the ultimate dedication.
- The government argues that a respondent can easily check the accuracy of the data it submits to Commerce and notify Commerce of any errors it has made before the issuance of the final determination.
- The government argues alternatively that Commerce’s refusal to appropriate Kanzen’s error after the ultimate willpower was not arbitrary and capricious.
manufactures excessive value-added stainless-steel products with an annual production capability of metric tonnes for pipes to meet market calls for. After conducting and publishing a verification of Kanzen’s sales info, receiving briefs from Kanzen and from the private appellees on this motion, inviting comments on its preliminary dedication, and holding a public listening to on November 22, 2000, Commerce made its final calculations out there to Kanzen on December 20, 2000. Letter from Kanzen to Commerce of Dec. 21, 2000. These calculations included the entry of $forty two.00 as a credit score expense for sixty-four gross sales that Kanzen alleges was misguided. However, Kanzen didn’t, at this time, alert Commerce that it believed the $forty two.00 credit score expense to be faulty.
In this case there isn’t a allegation that the error was or should have been obvious to Commerce before the ultimate determination. We maintain also that the alleged errors weren’t obvious from the final determination itself. Unlike in Koyo Seiko, the place “he flawed pc tapes rendered both adverse and constructive dumping margins in extra of sixteen,000%,” 746 F.Supp. 4, the dumping margin in this case was a mere 7.51%. Final Determination, sixty five Fed.
The query offered right here is whether or not Commerce erred in refusing to correct an alleged error in its ultimate willpower on the bottom that the respondent, rather than Commerce, was the supply of the error. We assume for functions of this attraction that an error existed within the ultimate willpower. On August 15, 2000, on the request of Commerce, Kanzen submitted a last electronic database reporting its United States sales. In this new submission, the credit expense for 64 gross sales was now reported as $forty two.00 per sale.
The regulation offers, in part, “he Secretary will analyze any comments received and, if applicable . . . right any ministerial error by amending the ultimate willpower.” 19 C.F.R. § 351.224 . Here, Kanzen did not alert Commerce of the error in its personal submission before the publication of the ultimate determination on December 27, 2000.
We have thousands tons stock of stainless steel sheet and coil with various size and grade,mainly include austenitic stainless steel, martens stainless steel (including precipitation hardened stainless steel sheet & coil), ferritic stainless steel, and duplex stainless steel.
Characteristics of Stainless Steel Sheet and Plate:
High corrosion resistance
High toughness and impact resistance
High workability, including machining, stamping, fabricating and welding
Smooth surface finish that can be easily clean
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On cross-motions for abstract judgment on the administrative report, the courtroom sustained Commerce’s final willpower in all respects and denied Kanzen’s movement to complement the administrative report. We agree largely, however not completely. Commerce isn’t required to correct a last determination reflecting an error made by a personal party when that error isn’t obvious from Commerce’s final calculations released pursuant to 19 C.F.R. § 351.224, or from the final determination itself. As we recognized in NTN Bearing, there’s a sturdy interest in the finality of Commerce’s decisions.