CAFC Grants Extension of Time to File Full Court Rehearing Over PMS Adjustment Question

The U.S. Court of Appeals for the Federal Circuit granted antidumping duty petitioner Welspun Tubular's bid for an extension of time to request a full-court rehearing of a key decision. The petitioner now has until Feb. 8 to ask the full Federal Circuit to reconsider a decision which found that the Commerce Department can no longer make a particular market situation adjustment to an AD respondent's cost of production in a sales-below-cost test for the purposes of calculating normal value (see 2112100039). Petitions for en banc rehearings were originally due Jan. 9. Welspun won the extension after characterizing the appeal as one that is "critically important" to the petitioner and many other domestic producers of goods subject to ADD orders (see 2112290027) (Hyundai Steel Company v. U.S., Fed. Cir. #21-1748).