Federal Circuit Rejects Commerce PMS, Differential Pricing Analysis Findings in Antidumping Case

The U.S. Court of Appeals for the Federal Circuit ruled March 11 that there's not enough evidence to back the Commerce Department's position that a particular market situation existed affecting inputs for oil country tubular goods in an antidumping duty administrative review on OCTG from South Korea. Affirming the Court of International Trade, the Federal Circuit said there's no evidence for three of the five factors Commerce alleged created a PMS. The appellate court also rejected Commerce's reliance on its differential pricing analysis to detect "masked" dumping since certain conditions for the statistical test used by Commerce were not met.