DOJ Seeks OK of Remand Results Dropping PMS Adjustment to Sales-Below-Cost Test
The Department of Justice in a Sept. 13 filing sought Court of International Trade approval of the Commerce Department's remand results stemming from the 2016-17 administrative review of the antidumping duty order on circular welded non-alloy steel pipe from South Korea (see 2106220064), which dropped a cost-based particular market situation adjustment from the sales-below-cost test. However, DOJ did note that Commerce filed its remand results under respectful protest, continuing to find a particular market situation exists in South Korea. Following elimination of the PMS adjustment, Husteel, one of the plaintiffs in the case, received a 6.44% dumping rate, down from 10.91%, while Hyundai, the other plaintiff, received a 4.82% rate, down from 8.14%. Hyundai agreed with the remand results as well in an Aug. 25 filing (see 2108260026), citing that no parties submitted comments opposing the remand results (Husteel Co., Ltd. v. U.S., CIT #19-00107).
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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 that ruled against the agency's application of a PMS adjustment under similar circumstances, Commerce requested to reconsider its own administrative review results to come into compliance with this decision (see 2105030043).