Turkish Exporter Challenges Deduction of Section 232 Duties From Export Price in AD Review

Section 232 national security duties are not "ordinary customs duties" and shouldn't be deducted from an antidumping duty respondent's export price and constructed export price, exporter Borusan Mannesmann said in a Feb. 25 complaint at the Court of International Trade. Instead, Section 232 duties should be found to be "special duties" because they were imposed by a specific congressional delegation of authority to the president, the brief said (Borusan Mannesmann Boru Sanayi ve Ticaret v. U.S., CIT #22-00057).

The complaint comes in a lawsuit over an administrative review of the antidumping duty order on standard pipe from Turkey in which Borusan served as the sole mandatory respondent. In the review, Commerce treated the Section 232 steel and aluminum duties that Borusan had to pay as ordinary customs duties and deducted them from the respondent's export price and constructed export price. The trade court has held that Commerce can treat Section 232 duties as ordinary duties and deduct them from export price and CEP.