Stay Issued by CIT in Turkish Pipe Maker’s Challenge of Duty Drawback and Zeroing in AD Reviews

A Turkish producer/exporter of welded carbon steel pipe and tube asked the Court of International Trade to delay decisions in the company’s current suit over the final results of the antidumping duty administrative review for the period May 1, 2008 through April 30, 2009. The Turkish company, Borusan Mannesmann Boru Sanyi ve Ticaret A.S., argued that appeals of other cases now before the Court of Appeals for the Federal Circuit (including the Saha Thai case) may affect its challenge of two practices of the International Trade Administration: the inclusion of unpaid import duties in production cost calculations, and “zeroing” (counting only transactions with positive dumping margins and omitting non-dumped sales) in the calculation of weighted averaged dumping margins. The CIT ruled that the appeals court had not yet precisely addressed the zeroing question in the circumstances applicable to Borusan, and issued a stay pending the exhaustion of the right of appeal in the two cases bearing on Borusan’s challenges. (Slip Op. 11-30, dated 03/22/11).