US Fails to Appear in Appeal Over PMS Adjustment to Sales-Below-Cost Test

The U.S., so far, has failed to appear in an appeal from a group of U.S. welded pipe manufacturers over whether the Commerce Department can make a particular market situation adjustment to the sales-below-cost test in antidumping duty cases. Per a May 6 order from the U.S. Court of Appeals for the Federal Circuit, since the U.S. has not entered an appearance, absent objection, the court will designate Turkish exporter Borusan Mannesmann as "plaintiff-appellee" and remove the appellee designation for the U.S. (Borusan Mannesmann Boru Sanayi ve Ticaret v. U.S., Fed. Cir. #22-1502).

In the case's lower court opinion, the Court of International Trade issued one in a long line of rulings finding that the statute does not permit a PMS adjustment in this way. This position was recently upheld by the Federal Circuit in Hyundai Steel v. United States and is currently being petitioned to the Supreme Court by the AD petitioner of the relevant order, Welspun Tubular (see 2203220082).