CIT Upholds Use of AFA in CVD Investigation Into Korean Oil Country Tubular Goods

The Court of International Trade in a Sept. 26 opinion upheld the Commerce Department's countervailing duty investigation into oil country tubular goods from South Korea. Judge Mark Barnett said Commerce properly hit exporter SeAH Steel Corp. with adverse facts available due to its failure to submit information on its use of the Korean Export-Import Bank Performance Guarantee program prior to the investigation period. The judge said that while a "plain-text reading of Commerce's" instructions shows that the exporter was only required to submit information from the 2020 review period, it falls on the respondent "to clarify its understanding of Commerce's directive" instead of relying on its own interpretation.