CIT Again Sustains PMS Adjustment Drop From Sales-Below-Cost Test in AD Review

The Court of International Trade sustained the Commerce Department's remand results in an antidumping duty review dropping a cost-based particular market situation adjustment to the sales-below-cost test, in an Oct. 19 order. Commerce dropped the PMS adjustment after the court previously found that the law does not permit such an adjustment for the purposes of calculating normal value (see 2106220064).

The opinion came in a case challenging the final results of the 2016-17 administrative review of the antidumping duty order on circular welded non-alloy steel pipe from South Korea. Commerce's PMS adjustment drop led to decreases in the respondent's dumping margins, including a 10.91% to 6.44% drop for respondent Husteel, a 8.14% to 4.82% drop for Hyundai Steel, and a 9.53% to 5.63% drop for the non-examined companies.

(Husteel Co., Ltd. v. United States, Slip Op. 21-147, CIT Consol. #19-00107, dated 10/19/21, Judge Jennifer Choe-Groves. Attorneys: Donald Cameron of Morris Manning for plaintiff Husteel; Patricia McCarthy for defendant U.S. government)