Algoma Steel Corp. v. United States

865 F.2d 240 (1989)

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Algoma Steel Corp. v. United States

United States Court of Appeals for the Federal Circuit
865 F.2d 240 (1989)

Facts

The Commerce Department (Commerce) found that Algoma Steel Corporation, Ltd. (Algoma) (plaintiff), a Canadian producer of steel goods, sold oil country tubular goods (OCTG) at less than fair value (LTFV) in the United States under 28 U.S.C. § 1295(a)(5), a United States antidumping law. Under this law, Commerce determined whether LTFV sales had been made and established a dumping margin based on a weighted average price adjusted for sales at more than fair value (MTFV). Commerce did not establish what percentage of a subject firm’s sales were MTFV. The International Trade Commission (ITC) (defendant), a separate agency, then determined whether United States producers were injured or threatened with injury without using the same data considered by Commerce. In this case, in the ITC proceeding, Algoma produced a computer printout showing that its LTFV sales were less than 50 percent of its OCTG sales during the six-month period at issue. The ITC declined to consider this evidence. Algoma appealed to the United States Court of International Trade, arguing that the ITC’s refusal amounted to legal error. The court affirmed the ITC. On appeal, Algoma argued that the ITC’s ruling was arbitrary and capricious, conflicting with United States statute law and the General Agreement on Tariffs and Trade (GATT).

Rule of Law

Issue

Holding and Reasoning (Nichols, J.)

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