Federal Circuit Denies Bids for Stay, Summary Affirmance in Case on PMS Adjustment

The U.S. Court of Appeals for the Federal Circuit in a May 23 order denied antidumping duty petitioner Wheatland Tube's motion to continue the stay in the appeal and AD respondent Borusan Mannesmann Boru Sanayi ve Ticaret's motion for summary affirmance. The case concerns the Commerce Department's move to make a particular market situation adjustment to the sales-below-cost test in the administrative review of the AD order on circular welded pipes from Turkey (Borusan Mannesmann Boru Sanayi ve Ticaret A.S. v. Nucor Tubular Products Inc., United States, Fed. Cir. # 2021-2097, 2021-217)

After the Federal Circuit issued its judgment in the key Hyundai Steel case, Borusan moved for affirmance on the issue. Wheatland opposed this, arguing that it would be inconvenienced by the need to file a petition for certiorari at the Supreme Court to preserve appellate rights should the affirmance be granted (see 2204200065). Wheatland also moved to continue the stay of the case until after the Supreme Court rules on an expected writ of certiorari in the Hyundai case to the Supreme Court.

The Federal Circuit, though, denied both Wheatland's bid to extend the stay and Borusan's bid for summary affirmance. Nucor's reply brief in the case is due in 40 days from the May 23 order. The order did not come with an explanation.