Slip Op. 08 – 130 

J U D G M E N T

 UNITED STATES COURT OF INTERNATIONAL TRADE 

Thomas J. Aquilino, Jr., Senior Judge 

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: 

GERDAU AMERISTEEL U.S. INC. et al., 

 : 

 Plaintiffs, 

 : 

 v. 

 : Court No. 01-00955 

UNITED STATES INTERNATIONAL TRADE 

COMMISSION, : 

 

 Defendant. : 

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This case having commenced for judicial review of the 

preliminary determination of the U.S. International Trade 

Commission sub nom. Carbon and Certain Alloy Steel Wire Rod From 

Brazil, Canada, Egypt, Germany, Indonesia, Mexico, Moldova, South 

Africa, Trinidad and Tobago, Turkey, Ukraine, and Venezuela, 66 

Fed.Reg. 54,539 (Oct. 29, 2001), that imports of indicated subject 

merchandise from Egypt, South Africa and Venezuela allegedly sold 

in the United States at less than fair value are negligible and 

therefore that its investigations with regard to those countries be 

terminated; and the court in slip opinion 02-59, 26 CIT 639, 244 

F.Supp.2d 1349 (2002), having remanded that determination for 

reconsideration; and the defendant having filed Views of the 

Commission on Remand (Aug. 16, 2002) to the effect that 
Court No. 01-00955 Page 2 

imports [of wire rod] from Egypt, South Africa and 

Venezuela are not negligible, and that there is a 

reasonable indication that an industry in the United 

States is materially injured by reason of imports of 

[wire rod] from Egypt, South Africa, and Venezuela that 

are allegedly sold in the United States at less than fair 

value[,] 

which Views were affirmed in a final judgment pursuant to slip 

opinion 02-113, 26 CIT 1131 (2002); and intervenor-defendants 

having appealed therefrom to the U.S. Court of Appeals for the 

Federal Circuit, which decided sub nom. Co-Steel Raritan, Inc. v. 

Int’l Trade Comm’n, 357 F.3d 1294, 1317 (2004), to vacate that 

judgment but also to remand for consideration whether the defendant 

had erred in concluding that 

there was no reasonable indication that wire rod imports 

from Egypt, South Africa, and Venezuela would imminently 

exceed statutory negligibility levels, whether considered 

individually or collectively[;] 

and the defendant having filed Views of the Commission (Sept. 9, 

2005) to the effect that the subject imports from 

South Africa that are allegedly sold in the United States 

at less than fair value are negligible individually, and 

that subject imports from Egypt, South Africa and 

Venezuela that are allegedly sold in the United States at 

less than fair value are negligible in the aggregate, for 

purposes of our threat determinations[;] 

and the court in slip opinion 07-7, 31 CIT ___ (Jan. 17, 2007), 

having concluded that there was not a sustainable relationship 

therein between the facts that the defendant finds on remand and
Court No. 01-00955 Page 3 

the result that it reaches, perhaps due, at least in part, to a 

paucity of producer data; and the parties having thereupon 

consented to further remand per slip opinion 07-165, 31 CIT ___ 

(Nov. 8, 2007); and the defendant having filed Views of the 

Commission (Third Remand) (March 10, 2008) to the effect that the 

subject imports from 

South Africa that are allegedly sold in the United States 

at less than fair value . . . are negligible 

individually, and that subject imports from Egypt, South 

Africa, and Venezuela are negligible in the aggregate, 

for purposes of our threat determinations[,] 

which Views are now stated to be based upon a supplemented 

administrative record; and the court having now reviewed this 

record and finding substantial evidence thereon in support thereof, 

it is 

ORDERED, ADJUDGED and DECREED that the Views of the 

Commission (Third Remand) (March 10, 2008) be, and they hereby are, 

affirmed. 

Dated: New York, New York 

 November 25, 2008 

 /s/ Thomas J. Aquilino, Jr. 

 Senior Judge