United States Court of International Trade

Remand Decision Regarding LTAR Sustained

In Ozdmir Boru San. Ve Tic. Ltd. Sti., v. United States, Court No. 16-206,  Slip Op. 18-6 (February 1, 2018), the Court sustained the remand decision. Commerce chose to maintain its Land for Less than Adequate Remuneration (LTAR) benchmark calculation on remand by explaining that “there is a reasonable basis for treating the Istanbul and Yalova land parcels as outliers because (1) the prices of these parcels deviate substantially from the other prices in the dataset, and consequently, (2) the average price of the land parcels in the benchmark is skewed if the Istabul and Yalova land parcels are not removed from the dataset.”  Therefore Commerce removed the two parcels from the dataset, thus found moot other issues raised by the Court including “the relative levels of development of the land parcels in the benchmark, the importance of a land parcel’s future usage in benchmark selection, and issues involving comparability.”