Commerce Drops PMS Adjustment to Sales-Below-Cost Test in Remand of AD Case on Korean Pipe
The Commerce Department, under protest, dropped a cost-based particular market situation adjustment to the sales-below-cost test in an antidumping administrative review in June 22 remand results submitted to the Court of International Trade. The agency recalculated the weighted-average dumping margins of mandatory respondents Hyundai Steel Company and Husteel Co. in the 2016-17 review of circular welded non-alloy steel pipe from Korea. Husteel, the plaintiff in the case, received a 6.44% antidumping rate, down from 10.91%, while Hyundai received a 4.82% rate -- down from 8.14% before litigation (Husteel Co., Ltd. v. U.S., CIT #19-00107).
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
The remand results brought Commerce in line with instructions from the court that granted Commerce's wishes for a voluntary remand of the case. Following a separate CIT decision in December 2020 that ruled against the agency's application of a PMS adjustment under similar circumstances, Commerce requested to review its own administrative review results to come into compliance with this decision (see 2105030043).