Corus Staal BV v. Dep't of Com., 395 F.3d 1343 (Fed. Cir. 2005). · Go Syfert
Corus Staal BV v. Dep't of Com., 395 F.3d 1343 (Fed. Cir. 2005). Cases Citing This Book View Copy Cite
“e therefore refuse to overturn commerce's zeroing practice based on any ruling by the wto or other international body unless and until such has been adopted pursuant to the specified statutory scheme.”
185 citation events (185 in the last 25 years) across 5 distinct courts.
Strongest positive: Hmtx Industries LLC v. United States (cafc, 2025-09-25)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Hmtx Industries LLC v. United States
Fed. Cir. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
we review the grant of judgment on the agency record by the court of international trade without deference.
examined Cited as authority (verbatim quote) Resolute FP Canada Inc. v. United States
Ct. Intl. Trade · 2024 · quote attribution · 1 verbatim quote · confidence high
e therefore refuse to overturn commerce's zeroing practice based on any ruling by the wto or other international body unless and until such has been adopted pursuant to the specified statutory scheme.
discussed Cited as authority (verbatim quote) The Stanley Works (Langfang) Fastening Sys. Co. v. United States (2×) also: Cited "see, e.g."
Ct. Intl. Trade · 2018 · signal: see also · quote attribution · 1 verbatim quote · confidence high
commerce is not obligated to incorporate wto procedures into its interpretation of u.s. law.
cited Cited as authority (rule) Nippon Steel Corp. v. United States
Ct. Intl. Trade · 2024 · confidence medium
See 19 U.S.C. § 2504 (a); Corus Staal BV v. Dep’t of Com., 395 F.3d 1343, 1348 (Fed.
cited Cited as authority (rule) Dillinger France S.A. v. United States
Fed. Cir. · 2020 · confidence medium
“WTO decisions are ‘not binding on the United States, much less this court.’” Corus Staal BV v. Dep’t of Com- merce, 395 F.3d 1343, 1348 (Fed.
cited Cited as authority (rule) Husteel Co. v. United States
Ct. Intl. Trade · 2020 · confidence medium
“WTO decisions are ‘not binding on the United States, much less [ ] court[s].’” Corus Staal BV v. Dep’t of Commerce, 395 F.3d 1343, 1348 (Fed.
discussed Cited as authority (rule) Solarworld Americas, Inc. v. United States (2×) also: Cited "see"
Ct. Intl. Trade · 2017 · confidence medium
However, WTO decisions "are not binding on the United States." Corns Staal BV v. Dep't of Commerce, 395 F.3d 1343, 1348-49 (Fed.
examined Cited as authority (rule) Apex Frozen Foods Private Ltd. v. United States (3×) also: Cited "see"
Ct. Intl. Trade · 2016 · confidence medium
See, e.g., Timken Co. v.. United States, 26 C.I.T. 1072, 1085-86 , 240 F.Supp.2d 1228, 1242-44 (2002) aff'd, 354 F.3d 1334 , 1340-45 (Fed.Cir.2004) (determining that zeroing in an administrative review was a reasonable interpretation of an ambiguous statute); Corus Staal BV v. Dep’t of Commerce, 27 C.I.T. 388 , 395-400, 259 F.Supp.2d 1253, 1260-65 (2003) aff'd, 395 F.3d 1343, 1347 (Fed.Cir.2005) (determining that zeroing in an antidumping duty investigation was a reasonable interpretation of an ambiguous statute). 26 .
discussed Cited as authority (rule) Nan Ya Plastics Corp. v. United States
Ct. Intl. Trade · 2015 · confidence medium
Indeed, the Court of Appeals has underscored that, “[i]n recognition of Commerce’s expertise in the field of antidumping investigations,” Corus Staal BV v. U.S. Department of Commerce, 395 F.3d 1343, 1346 (Fed.Cir. 2005), “[d]eference to [the] agency’s statutory interpretation is at its peak in the case of a court’s review of Commerce’s interpretation of the antidumping laws.” Koyo Seiko, 36 F.3d at 1570 .
discussed Cited as authority (rule) Diamond Sawblades Manufacturers Coalition v. Hyosung D & P Co.
Fed. Cir. · 2015 · confidence medium
See Union Steel v. United States, 713 F.3d 1101, 1104 (Fed.Cir.2013); Corus Staal BV v. Dep’t of Commerce, 395 F.3d 1343, 1347 (Fed.Cir.2005); Advanced Tech. & Materials Co. v. United States, 33 I.T.R.D. 1874 (Ct.Int’l Trade 2011); Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin During an Antidumping Investigation; Final Modification, 71 Fed.
discussed Cited as authority (rule) Beijing Tianhai Industry Co. v. United States
Ct. Intl. Trade · 2015 · confidence medium
Indeed, before the WTO intervened, the Federal Circuit found the use of zeroing lawful in both investigations and reviews. *1354 See Corus Staal BV v. Dep’t of Commerce, 395 F.3d 1343, 1347 (Fed.Cir.2005).
discussed Cited as authority (rule) Akima Intra-Data, LLC v. United States
Fed. Cl. · 2014 · confidence medium
First, the court will determine “whether Congress has directly spoken to the precise question at issue.” Corus Staal BV v. United States, 395 F.3d 1343, 1346 (Fed.Cir.2005) (quoting Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 842-43 , 104 S.Ct. 2778 , 81 L.Ed.2d 694 (1984)).
discussed Cited as authority (rule) American Meat Institute v. United States Department of Agriculture
D.D.C. · 2013 · confidence medium
Moreover, “if U.S. statutory [or regulatory] provisions are inconsistent with [the WTO treaties], it is strictly a matter for Congress.” Corus Staal BV v. Dep’t of Commerce, 395 F.3d 1343, 1348 (Fed.Cir.2005); see also Koyo Seiko Co. v. United States, 551 F.3d 1286, 1291 (Fed.Cir.2008) (“The determination whether, when, and how to comply with [a] WTO[ ] decision ... involves delicate and subtle political judgments that are within the authority of the Executive and not the Judicial Branch.”).
discussed Cited as authority (rule) Union Steel v. United States
Fed. Cir. · 2013 · confidence medium
Timken Co. v. United States, 354 F.3d 1334, 1342 (Fed.Cir.2004) (applying Chevron analysis to determine that Commerce’s practice of using zeroing in administrative reviews was a reasonable interpretation of the statute); Corns Staal BV v. Dep’t. of Commerce, 395 F.3d 1343, 1347 (Fed.Cir.2005) (“Corns ”) (extending Timken to encompass Commerce’s practice of zeroing in investigations).
examined Cited as authority (rule) Thai Plastic Bags Indust., Co., Ltd. v. United States (3×) also: Cited "see, e.g."
Ct. Intl. Trade · 2013 · confidence medium
Id. at 22 (citing NSK Ltd. v. United States, 510 F.3d 1375 , [1380] (Fed.Cir.2007); Corus Staal BV v. United States, 502 F.3d 1370, 1375 (Fed.Cir.2007); Corus Staal BV v. Dep’t of Commerce, 395 F.3d 1343, 1347-49 (Fed.Cir.2005)). 3 in this action, TPBI argued for remand because Commerce’s refusal to aggregate all of the normal-to-export price differences of TPBI’s U.S. sales, regardless of whether normal value exceeded the individual export prices, was inconsistent with Commerce’s approach to aggregating price differences when calculating weighted-average dumping margins in initial dum…
discussed Cited as authority (rule) GPX International Tire Corp. v. United States
Fed. Cir. · 2012 · confidence medium
Accordingly, ”[w]e will not attempt to perform duties that fall within the exclusive province of the political branches, and we therefore refuse to overturn Commerce’s [ ] practiced] based on any ruling by the WTO or other international body unless and until such ruling has been adopted pursuant to the specified statutory scheme." Corus Staal BV v. Dep’t of Commerce, 395 F.3d 1343, 1349 (Fed.Cir.2005). 3 .
discussed Cited as authority (rule) Union Steel v. United States
Ct. Intl. Trade · 2012 · confidence medium
In Corus Staal BV v. Dep’t of Commerce, with regard to an investigation of Dutch hot-rolled steel products, the Court of Appeals opined that there was insufficient distinction between investigations and reviews to mandate the elimination of zeroing based merely on the new post-Uruguay round methodology for averaging on both sides of the comparison. 395 F.3d 1343, 1347-48 (Fed.Cir.2005) (“Corns I ”).
cited Cited as authority (rule) JTEKT Corp. v. United States
Ct. Intl. Trade · 2011 · confidence medium
Cir. 2007) and Corus Staal BV v. United States, 395 F.3d 1343, 1349 (Fed.
cited Cited as authority (rule) Calgon Carbon Corp. v. United States
Ct. Intl. Trade · 2011 · confidence medium
Corus Staal BV v. Dep’t of Commerce, 395 F.3d 1343, 1347 (Fed.
discussed Cited as authority (rule) Union Steel v. United States
Ct. Intl. Trade · 2011 · confidence medium
The Court of Appeals also has rejected Union’s argument that the zeroing practice conflicts with U.S. obligations under the Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, Apr. 15, 1994, Marrakesh Agreement Establishing the World Trade Organization, Annex 1A, 1868 U.N.T.S. 201 (1994), concluding that “WTO decisions do not change United States law unless implemented pursuant to an express statutory scheme.” SKF USA, 630 F.3d at 1375 -76 (citing NSK Ltd., 510 F.3d at 1379-80 ; Corus Staal BV v. Dep’t of Commerce, 395 F.3d 1343, 1349 (Fed.…
discussed Cited as authority (rule) Skf USA Inc. v. United States (2×)
Fed. Cir. · 2011 · confidence medium
Corns Staal BV v. Dep’t of Commerce, 395 F.3d 1343, 1346 (Fed.Cir.2005).
cited Cited as authority (rule) Feili Group (Fujian) Co., Ltd. v. United States
Ct. Intl. Trade · 2010 · confidence medium
Id. at 844 , 104 S.Ct. 2778 ; Corus Staal BV v. Dep’t of Commerce, 395 F.3d 1343, 1346 (Fed.Cir.2005).
cited Cited as authority (rule) Jtekt Corp. v. United States
Ct. Intl. Trade · 2010 · confidence medium
Id. (citing Corus Staal BV v. Dep’t of Commerce, 395 F.3d 1343, 1349 (Fed.Cir.2005)).
discussed Cited as authority (rule) Target Corp. v. United States
Fed. Cir. · 2010 · confidence medium
Commerce’s determination should be sustained unless it is “ ‘unsupported by substantial evidence on the record, or otherwise not in accordance with law.’ ” Corus Staal BV v. Dep’t of Commerce, 395 F.3d 1343, 1346 (Fed.Cir. 2005) (quoting 19 U.S.C. § 1516a(b)(1)(B)(i)).
examined Cited as authority (rule) Dongbu Steel Co., Ltd. v. United States (4×) also: Cited "see", Cited "see, e.g."
Ct. Intl. Trade · 2010 · confidence medium
As a result, “only positive dumping margins (i.e., margins for sales of merchandise sold at dumped prices) [are] aggregated, and negative margins (i.e., margins for sales of merchandise sold at nondumped prices) [are] given a value of zero.” Corus Staal BV v. United States, 395 F.3d 1343, 1345-46 (Fed.Cir.2005) (“Corns Staal /”).
discussed Cited as authority (rule) Andaman Seafood Co. v. United States
Ct. Intl. Trade · 2010 · confidence medium
(See 4 Further citation to the Tariff Act of 1930, as amended, is to Title 19 of the U.S. Code, 2006 edition. 5 “Zeroing” is a methodology “whereby only positive dumping margins (i.e., margins for sales of merchandise sold at dumped prices) were aggregated, and negative margins (i.e., margins for sales of merchandise sold at nondumped prices) were given a value of zero.” Corus Staal BV v. Dep’t of Commerce, 395 F.3d 1343, 1345-46 (Fed.
discussed Cited as authority (rule) Andaman Seafood Co., Ltd v. United States
Ct. Intl. Trade · 2010 · confidence medium
"Zeroing” is a methodology "whereby only positive dumping margins (i.e., margins for sales of merchandise sold at dumped prices) were aggregated, and negative margins (i.e., margins for sales of merchandise sold at non-dumped prices) were given a value of zero.” Corns Staal BV v. Dep’t of Commerce, 395 F.3d 1343, 1345-46 (Fed.Cir.2005).
examined Cited as authority (rule) Jtekt Corporation v. United States (6×) also: Cited "see"
Ct. Intl. Trade · 2009 · confidence medium
Letter from Crowell & Moring, LLP to Dep’t of Commerce 51-52 (Dec. 5, 2005) (Admin.R.Doc.
discussed Cited as authority (rule) Searing Industries v. United States (2×) also: Cited "see"
Ct. Intl. Trade · 2009 · confidence medium
Corus Staal BV v. Dep’t of Commerce, 395 F.3d 1343, 1345 (Fed.Cir.2005) (“Corus Staal I ”).
discussed Cited as authority (rule) Skf USA Inc. v. United States (2×)
Ct. Intl. Trade · 2009 · confidence medium
Pls.’ Br. 25-26 (citing Timken Co. v. United, States, 354 F.3d 1334, 1340-42 (Fed.Cir.2004), and Corus Staal BV v. Dep’t of Commerce, 395 F.3d 1343, 1346 (Fed.Cir.2005)).
discussed Cited as authority (rule) Corus Staal BV v. United States (2×) also: Cited "see"
Ct. Intl. Trade · 2008 · confidence medium
"Commerce use[s] a methodology called zeroing ... whereby only positive dumping margins {i.e., margins for sales of merchandise sold at dumped prices) were aggregated, and negative margins {i.e., margins for sales of merchandise sold at nondumped prices) were given a value of zero.” Corus Staal BV v. U.S. Dep’t of Commerce, 395 F.3d 1343, 1345-46 (Fed.Cir.2005) {“Corns Staal Zeroing”). 4 .
discussed Cited as authority (rule) Koyo Seiko Co. v. United States
Fed. Cir. · 2008 · confidence medium
In concluding that the appellants there had not raised “any argument not fully resolved by our established precedent,” 537 F.3d at 1382 , it quoted the following statement from Corus Staal BV v. Department of Commerce, 395 F.3d 1343, 1349 (Fed.Cir.2005): “We will not attempt to perform duties that fall within the exclusive province of the political *1291 branches, and we therefore refuse to overturn Commerce’s zeroing practice based on any ruling by the WTO or other international body unless and until such ruling has been adopted pursuant to the specified statutory scheme.” This stat…
discussed Cited as authority (rule) Skf USA, Inc. v. United States
Fed. Cir. · 2008 · confidence medium
See Corus Staal BV v. United States, 502 F.3d 1370, 1374 (Fed.Cir.2007) (holding that Commerce’s “policy has not changed with respect to the retrospective application of the zeroing methodology and that a remand to Commerce ... would therefore serve no useful purpose”); Corus Staal BV v. Dep’t of Commerce, 395 F.3d 1343, 1349 (Fed.Cir.2005) (“We will not attempt to perform duties that fall within the exclusive province of the political branches, and we therefore refuse to overturn Commerce’s zeroing practice based on any ruling by the WTO or other international body unless and unti…
discussed Cited as authority (rule) ThyssenKrupp Acciai Speciali Terni S.P.A. v. United States
Ct. Intl. Trade · 2008 · confidence medium
The Federal Circuit declined to consider the WTO decision because it had not yet been “ ‘adopted pursuant to the specified statutory scheme.’” Id. (quoting Corus Staal BV v. Dep’t of Commerce, 395 F.3d 1343, 1349 (Fed.Cir.2005)).
cited Cited as authority (rule) United States v. Lombardo
D. Utah · 2007 · confidence medium
Corns Staal BV v. Dep’t of Commerce, 395 F.3d 1343, 1348 (Fed.Cir.2005) (quoting Timken Co. v. United States, 354 F.3d 1334, 1344 (Fed.Cir.2004)). 78 .
discussed Cited as authority (rule) Corus Staal BV v. United States (2×) also: Cited "see"
Fed. Cir. · 2007 · confidence medium
We explained that we “will not attempt to perform duties that fall within the exclusive province of the political branches, and we therefore refuse to overturn Commerce’s zeroing practice based on any ruling by the WTO or other international body unless and until such ruling has been adopted pursuant to the specified statutory scheme.” Corus Staal BV v. Dep’t of Commerce, 395 F.3d 1343, 1349 (Fed.Cir.2005).
discussed Cited as authority (rule) Corus Staal BV v. United States
Ct. Intl. Trade · 2007 · confidence medium
“Commerce used a methodology called 'zeroing' ... whereby only positive dumping margins (i.e., margins for sales of merchandise sold at dumped prices) were aggregated, and negative margins (i.e., margins for sales of merchandise sold at nondumped prices) were given a value of zero.’’ Corus Staal BV v. U.S. Dep’t of Commerce, 395 F.3d 1343, 1345-46 (Fed.Cir.2005). 4 .
discussed Cited as authority (rule) Corus Staal BV v. United States (2×) also: Cited "see, e.g."
Ct. Intl. Trade · 2007 · confidence medium
Corus Staal BV v. Dep’t of Commerce, 395 F.3d 1343, 1345 (Fed.Cir.2005).
discussed Cited as authority (rule) Cummins Incorporated (Formerly Known as Cummins Engine Company) v. United States (2×) also: Cited "see"
Fed. Cir. · 2006 · confidence medium
Cf. Sanchez-Llamas v. Oregon, 548 U.S. -, 126 S.Ct. 2669 , 165 L.Ed.2d 557 (2006) (rejecting the argument that U.S. courts are obligated to comply with interpretations of the Vienna Convention by the International Court of Justice (“ICJ”)); Corus Staal BV v. Dep’t of Commerce, 395 F.3d 1343, 1349 (Fed.Cir.2005) (observing that World Trade Organization decisions are accorded no deference); Timken Co. v. United States, 354 F.3d 1334, 1343-44 (Fed.Cir.2004).
discussed Cited as authority (rule) Cummins v. United States (2×) also: Cited "see"
Fed. Cir. · 2006 · confidence medium
Cf. Sanchez-Llamas v. Oregon, 548 U.S. ___ , Nos. 04-10566, 05-51, slip op. at 17-21 (June 28, 2006) (rejecting the argument that U.S. courts are obligated to comply with interpretations of the Vienna Convention by the International Court of Justice (“ICJ”)); Corus Staal BV v. Dep’t of Commerce, 395 F.3d 1343, 1349 (Fed.
discussed Cited as authority (rule) PS Chez Sidney, LLC v. United States International Trade Commission
Ct. Intl. Trade · 2006 · confidence medium
While WTO proceedings are neither binding upon nor dis-positive for this court, see Corus Staal BV v. Dep't of Commerce, 395 F.3d 1343, 1348 (Fed.Cir.2005) (citing Timken Co. v. United States, 354 F.3d 1334, 1344 (Fed.Cir.2004)), positions taken by the United States regarding application of the CDSOA are relevant evidence of facts. 11 .
discussed Cited as authority (rule) Paul Muller Industrie GmbH & Co. v. United States (2×) also: Cited "see"
Ct. Intl. Trade · 2006 · confidence medium
Id. at 26-27 (citing United States — Sunset Review of Anti-dumping Duties on Corrosion-Resistant Carbon Steel Flat Products from Japan, WT/DS244/AB/R) (Appellate Body December 15, 2003); United States — Final Dumping Determination on Softwood Lumber from Canada, WT/DS264/AB/R (Appellate Body August 11, 2004). *1245 The issue of zeroing has been affirmed and settled by the Federal Circuit in Corns Staal, B.V. v. Dept. of Commerce, 395 F.3d 1343, 1348-49 (Fed.Cir.2005).
discussed Cited as authority (rule) Gilda Industries, Inc. v. United States
Fed. Cir. · 2006 · confidence medium
As we have noted, ‘WTO decisions are ‘not binding on the United States, much less this court.’ ” Corus Staal BV v. Dep’t of Commerce, 395 F.3d 1343, 1348 (Fed.Cir.2005) (quoting Timken Co. v. United States, 354 F.3d 1334, 1344 (Fed.Cir.2004)).
cited Cited as authority (rule) Gilda Industries, Inc. v. United States
Fed. Cir. · 2006 · confidence medium
As we have noted, “WTO decisions are ‘not binding on the United States, much less this court.’” Corus Staal BV v. Dep’t of Commerce, 395 F.3d 1343, 1348 (Fed.
discussed Cited as authority (rule) Canadian Lumber Trade Alliance v. United States
Ct. Intl. Trade · 2006 · confidence medium
Although WTO adjudications may not be binding on the United States in requiring the United States to conform its regulatory law to adverse WTO decisions, see Corus Staal BV v. DOC, 395 F.3d 1343, 1347-49 (Fed.Cir.2005), cert. denied — U.S.-, 126 S.Ct. 1023 , 163 L.Ed.2d 853 (2006); but see Crosby v. Nat’l Foreign Trade Council, 530 U.S. 363 , 386 n. 24, 120 S.Ct. 2288 , 147 L.Ed.2d 352 (2000); Allegheny Ludlum Corp. v. United States, 367 F.3d 1339, 1348 (Fed.Cir.2004), it is nonetheless clear that legal consequences flow as a result of those decisions, i.e., adverse decisions require offen…
discussed Cited as authority (rule) NSK LTD. v. United States (2×) also: Cited "see"
Ct. Intl. Trade · 2006 · confidence medium
No. 103-826, at 1032 (1994), reprinted in 1994 U.S.C.C.A.N. 4040; Timken v. United States, 354 F.3d 1334, 1344 (Fed.Cir.2004); Corus Staal B.V. v. Department of Commerce, 395 F.3d 1343, 1348 (Fed.Cir.2005).
cited Cited as authority (rule) Timken U.S. Corporation v. United States
Fed. Cir. · 2005 · confidence medium
Corus Staal BV v. Dep't of Commerce, 395 F.3d 1343, 1346 (Fed.Cir.2005).
cited Cited as authority (rule) Timken U.S. Corp. v. United States
Fed. Cir. · 2005 · confidence medium
Corus Staal BV v. Dep’t of Commerce, 395 F.3d 1343, 1346 (Fed.Cir.2005).
cited Cited "see" Comm. Overseeing Action for Lumber Int'l Trade Investigations or Negotiations v. United States
Ct. Intl. Trade · 2020 · signal: see · confidence high
See Corus Staal BV v. Dep’t of Commerce, 395 F.3d 1343, 1349 (Fed.
discussed Cited "see" Dong-A Steel Co. v. United States (2×)
Ct. Intl. Trade · 2018 · signal: see · confidence high
See Corus Staal BV , 395 F.3d at 1348 (quoting Timken Co. v. United States , 354 F.3d 1334 , 1344 (Fed.
Retrieving the full opinion text from the archive…
CORUS STAAL BV and Corus Steel USA Inc., Plaintiffs-Appellants,
v.
DEPARTMENT OF COMMERCE, Defendant-Appellee, and United States Steel Corporation, Defendant-Appellee, and National Steel Corporation, Bethlehem Steel Corporation, Steel Dynamics, Inc., Ipsco Steel Inc., Gallatin Steel Company, and Nucor Corporation, Defendants
2004-1107.
Court of Appeals for the Federal Circuit.
Jan 21, 2005.
395 F.3d 1343
Richard O. Cunningham, Steptoe & Johnson LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief were Joel D. Kaufman, Alice A. Ki-pel, Gregory S. McCue and Evangeline D. Keenan., David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee, Department of Commerce. With him on the brief were Peter D. Keisler, Assistant Attorney General; Jeanne E. Davidson, Deputy Director, and Paul D. Kovac, Trial Attorney. Of counsel on the brief were John D. Mclnerney, Chief Counsel, Mark A. Barnett, Senior Counsel, Elizabeth C. Seastrum, Senior Counsel, Ann Talbot, Senior Attorney, and Barbara J. Tsai, Attorney-Advisor, Office of Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC. Of counsel were Claudia Burke and William J. Kovatch, Jr., Attorneys., Ellen J. Schneider, Skadden, Arps, Slate, Meagher & Flom LLP, of Washington, DC, argued for defendant-appellee, United States Steel Corporation. With her on the brief were Robert E. Lighthizer, John J. Mangan and Jeffrey D. Gerrish. Of counsel were James C. Hecht and Daniel L. Schneiderman.
Mayer, Plager, Prost.
Cited by 85 opinions  |  Published
MAYER, Circuit Judge.

Corus Staal BV and Corus Steel USA Inc. (collectively “Corus”) appeal the judgment of the Court of International Trade, Corus Staal BV v. Dep’t of Commerce, 283 F.Supp.2d 1357 (Ct. Int’l Trade 2003), affirming the Department of Commerce’s (“Commerce’s”) zeroing methodology to calculate the weighted-average dumping margin for imports of Corus’ hot-rolled carbon steel flat products (“hot-rolled steel”) from the Netherlands. We affirm.

Background,

On December 4, 2000, Commerce initiated an antidumping duty investigation of alleged less-than-fair-value sales of hot-rolled steel from the Netherlands and several other foreign producers during the period of October 1,1999, through September 30, 2000. Notice of Initiation of Anti-dumping Duty Investigations: Certain Hob-Rolled Carbon Steel Flat Products From Argentina, India, Indonesia, Kazakhstan, the Netherlands, The People’s Republic of China, Romania, South Africa, Taiwan, Thailand, and Ukraine, 65 Fed. Reg. 77,568 (Dec. 12, 2000). Based on its review, Commerce calculated a preliminary weighted-average dumping margin for Corus of 2.44 percent. Notice of Preliminary Determination of Sales at Less Than Fair Value; Certain Hot-Rolled Carbon Steel Flat Products From the Netherlands, 66 Fed.Reg. 22,146' (May 3, 2001) (“Preliminary Notice”). Commerce issued a final determination of less-than-fair-value sales in Certain Hot-Rolled Carbon Steel Flat Products From the Netherlands, 66 Fed.Reg. 50,408 (Oct. 3, 2001), as amended by 66 Fed.Reg. 55,637 (Nov. 2, 2001) (“Final Determination”), in which it revised the weighted-average^ dumping margin to 2.59.

Commerce’s methodology for calculating the weighted-average dumping margin was controlled by 19 U.S.C. § 1677(35). First, it calculated the “dumping margin” for individual U.S. transactions, which is “the amount by which the normal value exceeds the ... constructed export price [1] of the subject merchandise.” Id. § 1677(35)(A). Next, Commerce calculated the weighted-average dumping margin “by dividing the aggregate dumping margins determined for a specific exporter or producer by the aggregate ... constructed export prices of such exporter or producer.” Id. § 1677(35)(B). Commerce used a methodology called “zeroing” in this second step whereby only positive dumping margins (i.e., margins for sales of merchandise sold at dumped prices) were aggregated, and negative margins (i.e., margins for sales of[*1346] merchandise sold at nondumped prices) were given a value of zero.

Corns appealed the final determination to the Court of International Trade challenging, inter alia, Commerce’s zeroing methodology. It argued that the use of zeroing is an unreasonable interpretation of the statute, resulting in a fundamentally unfair comparison that ignores certain transactions (i.e., nondumped sales), and a distorted final margin. The court affirmed Commerce’s methodology under Chevron, U.S.A., Inc. v. Natural Resources Defense Council, 467 U.S. 837, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984), concluding that: (1) sections 1677(35)(A) & (B) neither require nor prohibit Commerce from considering nondumped sales; and (2) zeroing was a reasonable interpretation of the statute. Corus Staal BV v. Dep’t of Commerce, 259 F.Supp.2d 1253, 1261-63 (Ct. Int’l Trade 2003). The case was remanded for reasons not pertinent to this appeal, and final judgment was entered in Corus Staal BV v. Department of Commerce, 283 F.Supp.2d 1357 (Ct. Int’l Trade 2003). Co-rus appeals and we have jurisdiction pursuant to 28 U.S.C. § 1295(a)(5).

Discussion

We review the grant of judgment on the agency record by the Court of International Trade without deference. PPG Indus., Inc. v. United States, 978 F.2d 1232, 1236 (Fed.Cir.1992). We apply anew the same standard used by the trial court, Micron Tech., Inc. v. United States, 243 F.3d 1301, 1307-08 (Fed.Cir.2001), and will uphold Commerce’s determination unless it is “unsupported by substantial evidence on the record, or otherwise not in accordance with law,” 19 U.S.C. § 1516a(b)(l)(B)(i) (2000). We apply a two-part inquiry to determine whether to sustain Commerce’s interpretation of 19 U.S.C. § 1677(35)(A)-(B). See Chevron, 467 U.S. at 842-43, 104 S.Ct. 2778. First, we determine “whether Congress has directly spoken to the precise question at issue. If the intent of Congress is clear, that is the end of the matter; for the court, as well as the agency, must give effect to the unambiguously expressed intent of Congress.” Id. “[I]f the statute is silent or ambiguous with respect to the specific issue,” however, “the question for the court is whether the agency’s answer is based on a permissible construction of the statute.” Id. at 843, 104 S.Ct. 2778. In recognition of Commerce’s expertise in the field of antidumping investigations, we accord deference to its statutory interpretation in the presence of ambiguity. See Pesquera Mares Australes Ltda. v. United States, 266 F.3d 1372, 1382 (Fed.Cir.2001).

Corus challenges the court’s finding that Commerce’s interpretation of section 1677(35) is reasonable, arguing that: (1) zeroing is inconsistent with the unambiguous statutory scheme for administrative investigations, making that practice both unlawful and unreasonable; and (2) Commerce’s zeroing methodology violates the United States’ obligation to interpret section 1677(35) to conform to World Trade Organization (“WTO”) decisions prohibiting zeroing. Because zeroing is in fact permissible in administrative investigations and because Commerce is not obligated to incorporate WTO procedures into its interpretation of U.S. law, Corus’ arguments fail.

I.

Corus primarily argues that section 1677(35) requires Commerce to base its final determination on weighted-average dumping margins that include all prices for all of the merchandise under investigation, not merely the prices of transactions that yield positive dumping margins. They allege that, had zeroing not been used, its weighted-average dumping margin would have been -4.7 percent, thereby avoiding the antidumping duty.

[*1347] In essence, Corns urges us to draw a distinction in the application of section 1677(35) as between administrative investigations and administrative reviews. Such a distinction is necessary in order for Co-ras to avoid Timken Co. v. United States, 354 F.3d 1334 (Fed.Cir.2004), where we upheld Commerce’s section 1677(35) zeroing methodology in administrative reviews under Chevron’s second prong. The distinction Coras alleges cannot be found on the face of section 1677(35) itself, but in the underlying statutes defining investigations [2] and reviews. [3] Specifically, Coras argues that the reference in section 1677f-1(d)(1)(A)® to “weighted average” unambiguously contemplates the use of all subject merchandise in administrative investigations to calculate the weighted average, as opposed to section 1675(a)(2)(A)’s calculation of individual dumping margins for each export transaction in administrative reviews. As such, their argument continues, Chevron is inapplicable and Commerce’s practice should not stand.

We agree that a distinction exists between administrative investigations and reviews. The true distinction, however, is not as alleged by Coras, and does not have the effect of making Timken inapposite. It is true that the comparisons between U.S. price (here, CEP) and NY differ between investigations and reviews, but they differ because investigations compare average U.S. price to average NV, while reviews compare U.S. price to monthly average NV on an entry-by-entry basis. Further, this distinction is subsumed under Commerce’s methodology: the result of the comparison of NV and CEP, whether in the context of investigations or reviews, falls under section 1677(35)(A) (the first step of the methodology) and is then aggregated under section 1677(35)(B) (the second step). Our decision in Timken addressed Commerce’s interpretation of section 1677(35); it is of no consequence that it was decided in the context of a review. Therefore, Timken governs, and the Court of International Trade was correct to find Commerce’s zeroing methodology permissible in the context of administrative investigations.

II.

Coras alternatively argues that Commerce unreasonably refused to interpret the statute in a manner consistent with U.S. international obligations under the Charming Betsy doctrine of claim construction, which states that courts should interpret U.S. law, whenever possible, in a manner consistent with international obligations. Murray v. The Schooner Charming Betsy, 6 U.S. (2 Cranch) 64, 2 L.Ed. 208 (1804). Coras asserts that, by disregarding the prices of certain U.S. transactions that are made at nondumped prices, Commerce violated its obligation under Article 2.4.2 of the Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade (“Anti-dumping Agreement” or “ADA”) [4] to fairly[*1348] consider all comparable export transactions. This “fair comparison” argument is the same argument offered by the appellant in Timken. In that case, we held that the appellant’s invocation of the ADA’s “fair comparison” language was misplaced because section 1677b(a)’s [5] fair comparison language and explicit scheme for calculating NV governed. 354 F.3d at 1344. Because “[section] 1677b(a) does not impose any requirements for calculating normal value beyond those explicitly established in the statute and does not carry over to create additional limitations on the calculation of dumping margins,” id., we likewise dismiss Corus’ invocation of the “fair comparison” language.

Corus further claims that Commerce violated the ADA by failing to discontinue its zeroing methodology in light of WTO Appellate Body interpretations in European Communities — Antidumping Duties on Imports of Cotton-Type Bed Linen from India, WT/DS141/AB/R (Mar. 1, 2001) (“EC-Bed Linen ”), United States— Sunset Review of Antidumping Duties on Corrosiom-Resistant Carbon Steel Flat Products from Japan, WT/DS244/AB/R (Dec. 15, 2003) (“Corrosion-Resistant Steel ”), and United States — Final Dumping Determination on Softwood Lumber from Canada, WT/DS264/AB/R (Aug. 11, 2004) (“Softwood Lumber”). In EC-Bed Linen, a case in which the United States was not a party, the Appellate Body determined that the EC practice of zeroing during an antidumping investigation was inconsistent with Article 2.4.2 of the ADA. WT/DS141/AB/R ¶ 66. In Corrosion-Resistant Steel, the Appellate Body hypothesized (without finding) that Commerce had used zeroed margins from administrative reviews in its sunset review of antidump-ing orders on Japanese steel products, and suggested that any such use would violate the ADA. WT/DS244/AB/R ¶ 135. In Softwood Lumber, the Appellate Body found that Commerce violated Article 2.4.2 when it used zeroing to calculate the weighted-average dumping margin in its investigation of imports of Canadian softwood lumber. WT/DS264/AB/R ¶ 7.224.

WTO decisions are “not binding on the United States, much less this court.” Timken, 354 F.3d at 1344. Further, “[n]o provision of any of the Uruguay Round Agreements [e.g., the ADA], nor the application of any such provision to any person or circumstance, that is inconsistent with any law of the United States shall have effect.” 19 U.S.C. § 3512(a) (2000). Neither the GATT nor any enabling international agreement outlining compliance therewith (e.g., the ADA) trumps domestic legislation; if U.S. statutory provisions are inconsistent with the GATT or an enabling agreement, it is strictly a matter for Congress. See Suramerica de Aleaciones Laminadas, C.A. v. United States, 966 F.2d 660, 668 (Fed.Cir.1992); see also 19 U.S.C. § 2504(a) (2000) (“No provision of any trade agreement ... nor the application of any such provision to any person or circumstance, which is in conflict with any[*1349] statute of the United States shall be given effect under the laws of the United States.”)- Congress has enacted legislation to deal with the conflict presented here. It has authorized the United States Trade Representative, an arm of the Executive branch, in consultation with various congressional and executive bodies and agencies, to determine whether or not to implement WTO reports and determinations and, if so implemented, the extent of implementation. See 19 U.S.C. §§ 3533(f), 3538 (2000); see also 19 U.S.C. § 3533(g) (2000) (defining a statutory scheme that Commerce must observe in order to change its policy to conform to a WTO ruling).

We therefore accord no deference to the cited WTO cases. EC-Bed Linen is no more persuasive here than it was for the appellant in Timken, and we now reject it for the same reasons cited in that case. See Timken, 354 F.3d at 1344. Corrosion-Resistant Steel is nonbinding because the Appellate Body did not make a finding regarding Commerce’s zeroing methodology. WT/DS244/AB/R ¶ 138. Finally, we reject Softwood Lumber as nonbinding because the finding therein was not adopted as per Congress’s statutory scheme.

“[T]he conduct of foreign relations is committed by the Constitution to the political departments of the Federal Government .... ” United States v. Pink, 315 U.S. 203, 222-23, 62 S.Ct. 552, 86 L.Ed. 796 (1942). In this case, section 1677(35) presented Commerce with a choice as to how it calculates weighted-average dumping margins. We give Commerce substantial deference in its administration of the statute because of the foreign policy implications of a dumping determination. See Fed.-Mogul Corp. v. United States, 63 F.3d 1572, 1582 (Fed.Cir.1995). We will not attempt to perform duties that fall within the exclusive province of the political branches, and we therefore refuse to overturn Commerce’s zeroing practice based on any ruling by the WTO or other international body unless and until such ruling has been adopted pursuant to the specified statutory scheme.

Conclusion

Accordingly, the judgment of the Court of International Trade is affirmed.

AFFIRMED

1

. Normal value ("NV") is the price Corus charged for hot-rolled steel in the Dutch home market. Constructed export price ("CEP”) is the price Corus charged for hot-rolled steel in the United States. See Koyo Seiko Co. v. United States, 258 F.3d 1340, 1342 (Fed.Cir.2001). Commerce viewed all Corus transactions as CEP. Preliminary Notice, 66 Fed.Reg. at 22,148. Commerce uses CEP if, before or after the time of importation, the first sale to an unaffiliated person is made by (or for the account of) the producer or exporter or by a seller in the United States who is affiliated with the producer or exporter. 19 U.S.C. § 1677a(b) (2000).

2

.19 U.S.C. § 1677f-l(d)(l)(A)-(d)(l)(A)(i) (2000). In relevant part, the statute states:

In an investigation ... the administering authority shall determine whether the subject merchandise is being sold in the United States at less than fair value ... by comparing the weighted average of the normal values to the weighted average of the export prices (and constructed export prices) for comparable merchandise ....
3

. 19 U.S.C. § 1675(a)(2)(A) (2000). In relevant part, the statute states:

For the purpose of [administrative review of any antidumping duty], the administering authority shall determine ... the normal value and export price (or constructed export price) of each entry of the subject merchandise, and ... the dumping margin for each such entry.
4

. Agreement on Implementation of Article VI of GATT art. 2.4.2 (Apr. 15, 1994), reprinted, in [*1348] H.R. Doc. No. 103-316, vol. 1, at 1455 (1994). Article 2.4.2 states in pertinent part:

Subject to the provisions 'governing fair comparison ... the existence of margins of dumping during the investigation phase shall normally be established on the basis of a comparison of a weighted average normal value with a weighted average of prices of all comparable export transactions or by a comparison of normal value and export prices on a transaction-to-transaction basis.

(Emphases added.)

5

. In relevant part, the statute states:

In determining ... whether subject merchandise is being, or is likely to be, sold at less than fair value, a fair comparison shall be made between the export price or constructed export price and normal value.

(Emphasis added.)