Trade Court Stays Case Over Section 232 Deduction From US Price in AD Investigations

The Court of International Trade granted a stay in an antidumping duty case brought by Interpipe Ukraine until the question over the legality of reducing the U.S. price by the amount of Section 232 duties paid is sorted out. In particular, Interpipe Ukraine's case is stayed until an action brought by Borusan Mannesmann Boru Sanayi ve Ticaret is fully decided at the U.S. Court of Appeals for the Federal Circuit, since that case also concerns the question of Section 232 reductions (see 2106170026). CIT has held that the Commerce Department can reduce a respondent's U.S. price by the amount of Section 232 duties paid in an AD case (Interpipe Ukraine LLC v. U.S., CIT #21-00530).

Interpipe Ukraine's case contests the final determination in the antidumping duty investigation of seamless carbon and alloy steel standard, line and pressure pipe from Ukraine, where it served as the investigation's sole mandatory respondent. The respondent contests, in addition to the Section 232 duties paid reduction, Commerce's decision not to grant a constructed export price offset based on the claim that the respondent didn't separately report the selling functions and the level at which it performed those functions from each home market channel of distribution (see 2110210062).