Federal Circuit Says No PMS Adjustment for Sales-Below-Cost Test
The Court of Appeals for the Federal Circuit on Dec. 10 said the Commerce Department can't make a particular market situation adjustment to an antidumping respondent's cost of production for the purposes of a sales-below-cost test. A three-judge panel at…
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the appellate court said that the statute -- a section of the Trade Preferences Extension Act of 2015 -- didn't allow for such an adjustment, and that a PMS adjustment is only permitted for constructed value. The case concerned an AD review for welded line pipe form South Korea, originally brought by respondents Hyundai Steel Co. and SeAH Steel Corp., and was appealed by petitioner Welspun Tubular.