Steel Exporter to Appeal CIT Decision Dropping PMS Adjustment to Sales-Below-Cost Test in AD Case

Steel exporter Borusan Mannesmann Boru Sanayi ve Ticaret will appeal a June 16 Court of International Trade decision to the U.S. Court of Appeals for the Federal Circuit, according to a June 21 notice of appeal. In the decision, Judge Jane Restani sustained the Commerce Department's remand results in an antidumping administrative review of circular welded carbon steel standard pipe and tube products from Turkey. The remand results dropped any adjustments made to the sales-below-cost test relating to a particular market situation (see 2106170026). Restani said that PMS adjustments are only allowed when calculating normal value based on constructed value, as opposed to normal value based on home market sales (Borusan Mannesmann Boru Sanayi ve Ticaret A.S. et al. v. United States, CIT #20-00015).

As a result of Restani's initial ruling in a February decision, Commerce also decided not to deduct from Borusan's constructed export price the amount of Section 232 steel and aluminum tariffs the exporter paid. Restani said that Commerce still had the ability to reduce the export price by the Section 232 duties, but that evidence on the record revealed that the single shipment on which the 232 tariffs were paid had not been sold by the end of the period of review. Both of these remand instructions resulted in a slightly lower antidumping duty margin for Borusan.