CIT Sustains Drop of PMS Adjustment in AD Case, Says Date-of-Sale Issue Moot

The Court of International Trade sustained the Commerce Department's second remand results in the antidumping duty investigation into large diameter welded pipe from Turkey. In the second remand results, Commerce dropped a cost-based particular market situation adjustment to respondent Borusan Mannesmann's cost of production for the purposes of calculating constructed value. While no parties contested the elimination of the PMS adjustment, the AD petitioner took issue with Commerce's decision to not address the issue of the date of sale. Judge Jane Restani said that it is not necessary for the court to address the date-of-sale argument since it is moot since the result is a de minimis rate for Borusan.