US Pipe Manufacturers to Appeal CIT Decision Dropping PMS Adjustment to Sales-Below-Cost Test

A group of U.S. welded pipe manufacturers is appealing a Court of International Trade ruling that the Commerce Department can't make a particular market situation adjustment to the sales-below-cost test (see 2112280030). American Cast Iron Pipe, Berg Steel Pipe, Berg Spiral Pipe, Dura-Bond Industries and Stupp along with Greens Bayou Pipe Mill, JSW Steel (USA), Skyline Steel, Trinity Products and Welspun Tubular joined the Feb. 25 notice of appeal to the U.S. Court of Appeals for the Federal Circuit. The CIT decision was one in a long line of court decisions finding that the statute doesn't permit a PMS adjustment in this way (Borusan Mannesmann Boru Sanayi ve Ticaret v. U.S., CIT #19-00056). This position was recently upheld by the Federal Circuit in Hyundai Steel v. United States and is currently being petitioned for a full court rehearing by the AD petitioner of the relevant order Welspun.