ArcelorMittal USA LLC v. United States

OPINION

Katzmann, Judge:

This case poses the question of whether a foreign exporter and producer, having obtained a de minimis subsidy rate in an investigation by the U.S. Department of Commerce (“Commerce”), and not being subject to a countervailing duty (“CVD”) order, nonetheless has standing to challenge by cross-claim Commerce’s application of Adverse Facts Available (“AFA”) to calculate that subsidy rate. Put another way, where a party ultimately prevails at the administrative level in Commerce’s investigation, must its challenge to that proceeding fail because there is no case or…