Fed. Circ. Says US Wrongly Linked 3 Steel Cos. In Duty Probe

Law360 (July 15, 2020, 5:21 PM EDT) -- The Federal Circuit determined Wednesday that the U.S. Department of Commerce wrongly tied three Taiwanese steel producers together in an anti-dumping duty investigation into steel imports from Taiwan, finding that the department didn't properly evaluate the relationships between the three companies.

The panel said that Commerce violated federal law by not assessing Prosperity's relationship with Yieh Phui Enterprise Co. Ltd. or its relationship with Yieh and Synn Industrial Co. Ltd. as a joint entity in its 2016 final anti-dumping determination that assigned the companies a 10.34% duty rate.

By not considering the relationships between all three companies, Commerce failed to consider...

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