Carbon and Alloy Steel - Update: Judge Lord Suspends Steel Investigation Pending Notification to Commerce Department

SteelJudge Dee Lord issued an Initial Determination (ID) on July 6, 2016, suspending the investigation initiated by U.S. Steel against Chinese steel makers (Certain Carbon and Alloy Steel Products, Inv. No. 337-TA-1002), in order for the Commission to notify the Commerce Department of the investigation, and potentially to await a response before continuing with further Section 337 proceedings.

19 U.S.C. § 337(b)(3) requires the Commission to notify the Commerce Department when a matter before it falls, in whole or in part, within the realm of antidumping proceedings.  Commission Rule 210.23 further permits the administrative law judge to suspend an investigation pursuant to Section 337(b)(3).  Because complainant U.S. Steel’s claims of price fixing and false designation of origin relate to existing antidumping investigations by the Commerce Department, Judge Lord suspended the investigation, at least until the Commission provides the statutorily required notification to the secretary of commerce.  The ID also suggests that, before lifting the suspension, “the Commission may consider whether it is appropriate to wait for a response from the Department of Commerce or to further investigate U.S. Steel’s claims before remanding to the Administrative Law Judge for further proceedings.”

The Commission has 30 days from service of the ID to determine whether to review the ID.