Ukrainian Importer, US Settle Suit Seeking Deduction of Section 232 Duties From US Price

Importer North American Interpipe and exporter Interpipe Ukraine reached a settlement with the Commerce Department in the companies' lawsuit seeking a deduction in the exporter's U.S. price by the amount of Section 232 steel and aluminum tariffs paid in an antidumping duty proceeding. The parties agreed that within 10 days of the court entering judgment, Commerce will amend the final results of the first administrative review of the AD order on oil country tubular goods from Ukraine and set the AD margin for Interpipe Ukraine at 0.01% (Interpipe Ukraine v. United States, CIT # 22-00066).

Within 15 days after the amendment, Commerce will instruct CBP to liquidate entries exported by Interpipe Europe, Interpipe Ukraine, Interpipe Niznedneprovsky Tube Rolling Plant and Interpipe Niko Tube at the importer-specific 0.01% rate.

Interpipe brought suit said that the national security tariffs should be deducted from the U.S. price since a number of exclusion requests were retroactively granted in a separate CIT case challenging the exclusion denials (see 2203090027). As a result, the company said it showed that the Section 232 duties are temporary and tentative and thus distinct from U.S. import duties and should be deducted from the U.S. price.