Appeals Court Stays 9 Cases Pending Full Resolution of PMS Adjustment to Sales-Below-Cost Test Question
The U.S. Court of Appeals for the Federal Circuit stayed nine antidumping duty and countervailing duty challenges until a full resolution is reached in another proceeding over whether the Commerce Department can make a particular market situation adjustment to the sales-below cost test. In a series of three orders, the appellate court paused the cases pending resolution of the request for an en banc rehearing in the other case, Hyundai Steel Co. v. U.S.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
In Hyundai Steel, the Federal Circuit said that the statute doesn't permit PMS adjustments to the sales-below-cost test (see 2112100039). PMS adjustments are permitted only for constructed value, the court said. The AD petitioner in that case, Welspun Tubular, Feb. 8 requested the full court rehearing (see 2202090045).