NEW YORK The U.S. Court of International Trade (CIT) has dismissed a lawsuit filed by domestic copper tube producers in an anti-dumping trade case involving Golden Dragon Precise Copper Tube Group Inc.
The Commerce Departments International Trade Administration (ITA) had issued a final determination in an anti-dumping duty administrative review that imports of seamless refined copper pipe and tube from Mexicos Golden Dragon from May 1 to Oct. 31, 2011, were not sold at less than normal value (amm.com, June 11, 2013).
St. Louis-based Cerro Flow Products LLC, one of the plaintiffs in the lawsuit, alleged that prior to the anti-dumping orderwhile Golden Dragons prices were being reviewed by Commercethe company had an agreement with some of its U.S. customers that were subject to the dumping order. The contents of the agreement were deemed to be proprietary business information and details were not disclosed in court documents.
Cerro Flow claimed there was "clear evidence of relevant agreements between Golden Dragon and its customers" related to the anti-dumping duty during the period of review and that the ITA "erred in failing to make a downward adjustment to Golden Dragons U.S. prices" as sales during the period of review were related to anti-dumping duties, according to documents filed July 18 with the CIT.
However, Commerce found that Golden Dragon did not have an agreement with its customers that affected the U.S. price paid or payable during the period of review. Commerce also found that much of the evidence was "ambiguous and might be construed to support either Commerces or Cerro Flows conclusions," but since no consistent conclusion could be drawn from Golden Dragons evidence, imposing additional duties on the company would be "neither required nor necessarily desirable."
Attorneys representing Golden Dragon did not respond to requests for comment.
Attorneys representing Cerro Flow, Fulton, Miss.-based Mueller Copper Tube Co. Inc., Memphis, Tenn.-based Mueller Copper Tube Products Inc. and Pine Hall, N.C.-based Wieland Copper Products LLC declined to comment.