Exporter Wants Case Settled After AD Petitioner Fails to Raise Question of PMS Adjustment to SCOTUS

The U.S. Court of Appeals for the Federal Circuit should grant exporter Borusan Mannesmann's motion for summary affirmance in its case over whether the Commerce Department can make a particular market situation adjustment to the sales-below-cost test, Borusan argued in a June 24 letter. Since the appellate court held Borusan's case in abeyance pending a petition for writ of certiorari from the court's decision in Hyundai Steel Co. v. U.S. and no such petition was filed, the court should grant the affirmance motion, the brief said (Borusan Mannesmann Boru Sanayi ve Ticaret v. United States, Fed. Cir. #22-1502).

In Hyundai Steel, the Federal Circuit said that the statute does not permit Commerce to make a PMS adjustment to the sales-below-cost test in antidumping proceedings (see 2112100039). The antidumping petitioner in that case, Welspun Tubular, said that it planned to appeal the matter to the Supreme Court, in a motion asking for a stay of proceedings (see 2203220082). Accordingly, Borusan's case, contesting the same thing, was held in abeyance pending any resolution of an appeal to the Supreme Court. Since Welspun failed to submit the petition, along with any motions for an extension of time to file the petition, Borusan now wants its affirmance motion granted.