The U.S. Court of International Trade has ordered the Department of Commerce to revisit its final determination regarding antidumping duties on ferrosilicon imported from Kazakhstan. This ruling affects YDD Corporation LLP and TNC Kazchrome JSC, two companies involved in the case, as they seek to clarify the calculations used to determine their dumping margins. The decision is significant as it could impact future trade practices and regulations related to the importation of ferrosilicon and similar goods.
The case, YDD Corp. LLP v. United States (Consol. Court No. 25-00100), centers on the U.S. Department of Commerce's investigation into whether ferrosilicon from Kazakhstan was being sold at less than fair value in the U.S. market. This investigation began in April 2024, when Commerce initiated antidumping investigations on ferrosilicon from several countries, including Kazakhstan. YDD and Kazchrome were selected as respondents in this investigation.
In November 2024, Commerce published its preliminary determination, which indicated that it would impose antidumping duties on ferrosilicon from Kazakhstan. Following this, the final determination was issued in March 2025, which included findings that YDD's sales to certain U.S. customers were subject to dumping margins. YDD and Kazchrome subsequently filed motions challenging this determination, leading to the recent court ruling.
Judge Jennifer Choe-Groves presided over the case and issued the ruling on June 23, 2026. The court found that Commerce's determination regarding YDD's sales included sales destined for Canada, which should not have been included in the calculation of the dumping margin. The court stated, "Commerce failed to support its determination with substantial evidence and failed to address contrary record evidence." This ruling means that the determination made by Commerce was not in accordance with the law.
Additionally, the court addressed issues related to the application of adverse facts available (AFA) in calculating YDD's dumping margin. The court decided to defer ruling on this issue until Commerce reevaluates whether YDD's sales should be included in the dumping margin calculation. Furthermore, the court also remanded the issue of zeroing, which is a method used in calculating dumping margins, back to Commerce for reconsideration.
For Kazchrome, the court ruled that Commerce incorrectly determined the date of sale for its transactions with its U.S. customer, TELF AG. Kazchrome argued that the final sale price was not established until the final invoice was issued. The court noted that Commerce did not provide adequate justification for using the shipment date as the date of sale instead of the invoice date, which is typically the standard. The court emphasized that Commerce must consider the evidence provided by Kazchrome regarding the timing of the sale.
This ruling is significant for both YDD and Kazchrome as it allows them the opportunity to challenge the findings of the Department of Commerce and potentially reduce their dumping margins. The court's decision to remand the case means that Commerce will need to revisit its calculations and provide a more thorough explanation of its determinations.
Going forward, this ruling could set a precedent for how the Department of Commerce handles future antidumping investigations, particularly regarding the inclusion of sales to foreign markets and the determination of dates of sale. It highlights the importance of substantial evidence in administrative determinations and the need for transparency in the decision-making process.
As for what’s next, the Department of Commerce will need to conduct a new review of the issues raised by the court. This could lead to changes in the final determination regarding the antidumping duties imposed on YDD and Kazchrome. It is also possible that the case could be appealed, depending on the outcome of the new review by Commerce. Details were not available in the court filing regarding any related cases pending.